- Court
- New York Supreme Court, Appellate Division, Second Department
- Case
- People v. Reed
- Date
- June 3, 2026
- Slip Op. No.
- 2026 NY Slip Op 03461
Background
Defendant Kiel Reed was convicted in Supreme Court, Queens County (Karen Gopee, J.), upon his plea of guilty, and sentenced. As part of the plea, defendant waived his right to appeal. On appeal, limited by his motion to the excessiveness of the period of postrelease supervision imposed as part of the sentence, defendant challenged the sentence as excessive. The People opposed, arguing the appeal waiver foreclosed this review.
Holding
The Appellate Division, Second Department, affirmed the sentence. The Court held that under the totality of the circumstances, the record demonstrated that defendant “knowingly, voluntarily, and intelligently” waived his right to appeal, citing People v. Thomas, 34 NY3d 545, and People v. Lopez, 6 NY3d 248. The valid waiver precluded appellate review of the contention that the postrelease supervision period was excessive.
The Lopez standard requires that an appeal waiver be knowing, voluntary, and intelligent, which the Court of Appeals has held encompasses ensuring the defendant understands the nature and consequences of the waiver as separate from the other rights forfeited by a guilty plea. The record here satisfied these requirements, barring the defendant from challenging his sentence on appeal.
Takeaways
This decision applies the established framework for evaluating appeal waivers in New York. A valid waiver precludes review of sentencing claims, including challenges to the period of postrelease supervision. Defense counsel who negotiate plea agreements should carefully evaluate whether to consent to an appeal waiver, particularly where the sentence includes a postrelease supervision component that might be challengeable as excessive. Once a valid waiver is in place, the defendant’s appellate options are severely limited.
Why It Matters
Criminal defense practitioners must ensure that clients fully understand the implications of appeal waivers at the time of the plea. The waiver does not merely prevent challenges to the conviction—it also forecloses review of the sentence, including postrelease supervision terms. Courts will enforce properly executed waivers, and the appellate division will not entertain sentencing challenges when the waiver is valid. Defendants contemplating plea offers that include appeal waivers should be counseled about what rights they are surrendering and whether the terms of the plea agreement justify that surrender.