People v. Johnson

Citation870 N.Y.S.2d 919,58 A.D.3d 868,2009 NY Slip Op 00557
Decision Date27 January 2009
Docket Number2007-05165.
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES JOHNSON, Appellant.
CourtNew York Supreme Court Appellate Division

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Seaberg, 74 NY2d 1, 11 [1989]). The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the Supreme Court's denial of that branch of his omnibus motion which was to suppress physical evidence (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Cardona, 51 AD3d 941 [2008]; People v Castillo, 49 AD3d 777 [2008]; People v DeAngelo, 40 AD3d 656 [2007]).

Concur: Spolzino, J.P., Santucci, Leventhal and Chambers, JJ.

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5 cases
  • People v. Oseni
    • United States
    • New York Supreme Court — Appellate Division
    • 12 d3 Junho d3 2013
    ...754;People v. Hackett, 93 A.D.3d 807, 807, 939 N.Y.S.2d 886;People v. Pena, 73 A.D.3d 1216, 1216, 900 N.Y.S.2d 913;People v. Johnson, 58 A.D.3d 868, 868, 870 N.Y.S.2d 919). The defendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligently entered is unpres......
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    • New York Supreme Court — Appellate Division
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    ...N.E.2d 754 ; People v. Hackett, 93 A.D.3d 807, 939 N.Y.S.2d 886 ; People v. Pena, 73 A.D.3d 1216, 900 N.Y.S.2d 913 ; People v. Johnson, 58 A.D.3d 868, 870 N.Y.S.2d 919 ). The defendant claims that he was deprived of his right to be present at or to participate in the Sandoval hearing (see P......
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    • New York Court of Appeals Court of Appeals
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