People v. Miller
Docket 2023-00862
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed
- Citation
- 2026 NY Slip Op 02676
- Docket
- 2023-00862
Appeal from a January 6, 2023 County Court judgment convicting defendant upon a guilty plea and imposing sentence
Summary
The Appellate Division, Second Department affirmed the County Court conviction and sentence of Daryl K. Miller for attempted sexual abuse in the first degree after Miller pleaded guilty. The court found Miller knowingly, voluntarily, and intelligently waived his right to appeal, and that valid waiver bars review of his claim that the sentence was excessive. Because the appeal waiver was valid, the appellate panel declined to review the sentencing challenge and affirmed the judgment of conviction and sentence imposed by the County Court.
Issues Decided
- Whether the defendant knowingly, voluntarily, and intelligently waived his right to appeal
- Whether a claim that the sentence was excessive could be reviewed despite the defendant's appeal waiver
Court's Reasoning
The court reviewed the record and determined the defendant executed a valid waiver of appellate rights under controlling New York precedent. Because the waiver was valid, the appellate court was precluded from reviewing the defendant's claim that his sentence was excessive. The court relied on established authorities holding that a valid appeal waiver bars collateral review of sentencing challenges.
Authorities Cited
- People v Thomas34 NY3d 545
- People v Lopez6 NY3d 248
Parties
- Appellant
- Daryl K. Miller
- Respondent
- The People of the State of New York
- Judge
- Edward T. McLoughlin
- Judge
- Hector D. Lasalle
Key Dates
- Decision date
- 2026-04-29
- County Court judgment date
- 2023-01-06
What You Should Do Next
- 1
Consult defense counsel about collateral options
Discuss with counsel whether there are any narrow post-conviction remedies available, such as a motion to vacate the plea or ineffective assistance claims, and whether those would be viable despite the appeal waiver.
- 2
Comply with sentence and supervisory requirements
Ensure the defendant understands and complies with any incarceration, probation, registration, or other court-imposed conditions while exploring any post-conviction options.
- 3
Consider motion to withdraw plea if appropriate
If counsel identifies valid grounds (for example, that the plea was not knowing or voluntary), prepare a motion in the County Court to vacate the plea; success would reopen direct review.
Frequently Asked Questions
- What did the court decide?
- The appellate court affirmed the conviction and sentence because the defendant had validly waived his right to appeal, so the court would not review his claim the sentence was excessive.
- Who is affected by this decision?
- The defendant, Daryl K. Miller, is affected because his conviction and sentence remain in place; the People’s conviction is upheld.
- Why didn't the court review the sentence claim?
- Because the record showed the defendant knowingly and voluntarily waived his right to appeal, and such a valid waiver prevents appellate review of sentencing challenges under New York law.
- Can this decision be appealed further?
- An appeal to a higher court would generally be foreclosed by the valid waiver, though very limited further review (for example, on jurisdictional grounds or in extraordinary circumstances) may be possible but unlikely.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
People v Miller - 2026 NY Slip Op 02676 People v Miller 2026 NY Slip Op 02676 April 29, 2026 Appellate Division, Second Department The People of the State of New York, respondent, v Daryl K. Miller, appellant. (S.C.I. No. 159/22) Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided on April 29, 2026 2023-00862 Hector D. Lasalle, P.J. Francesca E. Connolly Janice A. Taylor Elena Goldberg Velazquez, JJ. Margaret M. Walker, Poughkeepsie, NY (Seth J. Gallagher of counsel), for appellant. Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered January 6, 2023, convicting him of attempted sexual abuse in the first degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Thomas , 34 NY3d 545). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive ( see People v Lopez , 6 NY3d 248, 255). LASALLE, P.J., CONNOLLY, TAYLOR and GOLDBERG VELAZQUEZ, JJ., concur. ENTER: Darrell M. Joseph