Appellate review of sentences in 2021 resulted in more sentence reductions than in the previous year. Under the Criminal Procedure Law and New York State Constitution, a reduction of a sentence that is harsh or excessive, can only be granted by the Appellate Division and not the New York Court of Appeals. People v. Thompson, 60 N.Y.2d 513 (1983). An excessive sentence claim may be raised on direct appeal but not in a collateral motion to vacate a sentence as illegal or invalid. People v. Chacko, 119 A.D.3d 955 (2d Dep’t 2014).

In some instances, however, the Appellate Division may also be precluded from reducing the severity of a sentence. For example, when a defendant pleads guilty, and enters a valid waiver of the right to appeal, the waiver precludes an appellate court from reviewing a claim that the sentence was excessive even in the exercise of its interest of justice jurisdiction. People v. Lopez, 6 N.Y.3d 248 (2006). Likewise, a waiver of appeal is effective even when a defendant has not received a specific sentence promise at the time of entering a guilty plea and waiver. People v. Hidalgo, 91 N.Y.2d 733 (1998).

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