Flawed Colloquy Invalidates Sentence Appeal Waiver

A trial court’s failure during a plea colloquy to inform the defendant that she faced incarceration if she failed to begin making restitution before sentencing rendered invalid the defendant’s waiver of her right to appeal her sentence, the New York Court of Appeals held June 27. (People v. Maracle, N.Y., No. 122)

The defendant pleaded guilty to grand larceny and other charges. She waived the right to appeal her “conviction.” At the plea colloquy, the court advised the defendant that if she repaid half the amount she had stolen by the time of sentencing, it would sentence her ...