Merchan stands firm on hush money case.

[para bellum]

I'm not licensed in NY, but that seems .... incorrect

CPL 450.10 (1), WHICH PURPORTS TO PROHIBIT AN ‘EXCESSIVE SENTENCE’ APPEAL AFTER A GUILTY PLEA, IS UNCONSTITUTIONAL, DEFENDANT’S WAIVER OF APPEAL, HOWEVER, WAS VALID (SECOND DEPT). – New York Appellate Digest

www.newyorkappellatedigest.com

That is referring to a plea deal. When a defendant pleads guilty, and the sentence does not exceed the sentence agreed upon, the defendant surrenders his right of appeal under CPL 450.10 (1).

Those conditions are not relevant to this case. Trump's right to appeal the judgement is not impeded by any plea deals.

 

[kyzr]

You'd think Trump would want this to conclude as soon as possible. That way he can appeal and get it overturned. Not on the merits mind you.
But on a technicality because - well - he's rich and famous and part of the political elite, therefore above the laws that apply to the peons.
WW

LOL, making excuses why the obvious Lawfare being overturned is "not on the merits"?!

We peons aren't targets of Lawfare like Trump is, please recall that Letitia and Bragg ran on "getting Trump".

 

[berg80]

LOL, making excuses why the obvious Lawfare being overturned is "not on the merits"?!

We peons aren't targets of Lawfare like Trump is, please recall that Letitia and Bragg ran on "getting Trump".

It's ironic that you folks keep talking about lawfare against trump when it's the only thing that has kept Dotard out of prison.

 

[bendog]

That is referring to a plea deal. When a defendant pleads guilty, and the sentence does not exceed the sentence agreed upon, the defendant surrenders his right of appeal under CPL 450.10 (1).

Those conditions are not relevant to this case. Trump's right to appeal the judgement is not impeded by any plea deals.

The sec you quoted simply allows a person WHO PLED GUILTY to appeal an illegal sentence. jfc Other states reach the same result via due process.


Now if you got something else, I'll happily read it.

 

[para bellum]

The sec you quoted simply allows a person WHO PLED GUILTY to appeal an illegal sentence. jfc Other states reach the same result via due process.


Now if you got something else, I'll happily read it.

No it doesn't. It only restricts appeals from guilty pleas.

Subtracting the irrelevant text, it says:

"An appeal to an intermediate appellate court may be taken as of right by the defendant from the following judgment of a criminal court:

1. A judgment other than one including a sentence of death"

The reason for that exclusion is that death sentences are automatically appealed to the Court of Appeals. There is no intermediate appeal.

All other criminal judgements (that are not the result of a guilty plea) are appealable to the intermediate court as a right.

 

[kyzr]

It's ironic that you folks keep talking about lawfare against trump when it's the only thing that has kept Dotard out of prison.

...that makes no sense. But keep typing...

 

[berg80]

...that makes no sense. But keep typing...

Your lack of comprehension skills isn't my problem.

 

[kyzr]

Your lack of comprehension skills isn't my problem.

take your meds.