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PEOPLE v. SEABERG

74 N.Y.2d 1 (1989)

The People of the State of New York, Respondent, v. Alan R. Seaberg, Appellant. The People of the State of New York, Respondent, v. Darrell Smith, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1989.

Attorney(s) appearing for the Case

Scott M. Karson for appellant in the first above-entitled action.

Patrick Henry, District Attorney (Glenn Green of counsel), for respondent in the first above-entitled action.

Andrea Hirsch and Philip L. Weinstein for appellant in the second above-entitled action.

Elizabeth Holtzman, District Attorney (Andrew J. Frisch and Barbara D. Underwood of counsel), for respondent in the second above-entitled action.

Jonathan E. Gradess and Michael J. Sexton for New York State Defenders Association, amicus curiae in the second above-entitled action.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

These appeals question whether criminal defendants may waive their rights to appeal as part of a negotiated sentence or plea bargain. In People v Smith, defendant waived his right to appeal as part of a bargained plea entered before trial. In People v Seaberg, defendant waived his right to appeal a judgment entered on a jury verdict in exchange for a favorable sentence. Defendants maintain...

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