People v. Johnson

Decision Date08 February 2019
Docket NumberKA 17–01709,170
Citation169 A.D.3d 1480,91 N.Y.S.3d 910 (Mem)
Parties The PEOPLE of the State of New York, Respondent, v. Chamia N. JOHNSON, Defendant–Appellant.
CourtNew York Supreme Court — Appellate Division

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANTAPPELLANT.

CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., SMITH, CARNI, DEJOSEPH, AND CURRAN, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of manslaughter in the first degree ( Penal Law § 125.20[1] ). Contrary to defendant's contention, the record establishes that she knowingly, voluntarily and intelligently waived the right to appeal (see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ) and, contrary to defendant's further contention, "[Supreme] Court did not improperly conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea" ( People v. Bentley, 63 A.D.3d 1624, 1625, 879 N.Y.S.2d 790 [4th Dept. 2009], lv denied 13 N.Y.3d 742, 886 N.Y.S.2d 96, 914 N.E.2d 1014 [2009] ; see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011] ). Defendant's valid waiver of the right to appeal forecloses her challenge to the severity of the sentence (see Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416 [1998] ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ).

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4 cases
  • People v. Schmiege, 275
    • United States
    • New York Supreme Court — Appellate Division
    • May 3, 2019
    ...in the third degree ( Penal Law §§ 110.00, 140.20 ). Defendant validly waived his right to appeal (see People v. Johnson , 169 A.D.3d 1480, 1481, 91 N.Y.S.3d 910 [4th Dept. 2019], lv. denied ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [Mar. 27, 2019] ; People v. Link , 166 A.D.3d 15......
  • People v. Schmiege
    • United States
    • New York Supreme Court — Appellate Division
    • June 28, 2019
    ...stripping in the second degree ( Penal Law § 165.10[2] ). Defendant validly waived his right to appeal (see People v. Johnson, 169 A.D.3d 1480, 1481, 91 N.Y.S.3d 910 [4th Dept. 2019], lv denied 33 N.Y.3d 949, 100 N.Y.S.3d 164, 123 N.E.3d 823 [2019] ; People v. Link, 166 A.D.3d 1581, 1581, 8......
  • Nystrom v. Rome Mem'l Hosp., Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • February 8, 2019
  • Graves v. Huff, 131
    • United States
    • New York Supreme Court — Appellate Division
    • February 8, 2019

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