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Appellate Waivers: Traversing the Maze

Bracewell’s Paul Shechtman examines People v. Thomas and the law of appellate waivers in his recent New York Law Journal column.

In People v. Thomas, 2019 N.Y. Slip. Op. 08545 (2019), and its two companion cases, a sharply divided New York Court of Appeals considered the validity of waivers of appellate rights. This essay examines Thomas and the law of appellate waivers. To borrow Judge Rowan Wilson’s words, the law has become a “Daedalean maze”—a labyrinth like the one that Daedalus is said to have designed for King Minos to hold Minotaur.

Click here to read the entire essay.