ALBANY – A criminal convict’s waiver of appeal rights does not encompass a delayed sentencing claim, the Court of Appeals held yesterday in a case where it reversed the Appellate Division, Second Department. The Court unanimously agreed that a sentencing delay caused by judicial or prosecutorial negligence remains an appealable issue even when the defendant pleaded guilty and agreed to a general waiver of his right to appeal.
However, in People v. Keith Campbell, 43, the Court suggested that the defendant’s own conduct is to blame for any sentencing delay and remanded the matter for a factual determination.
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