People v. Johnson, 32 SSM 34

CourtNew York Court of Appeals
Citation37 N.Y.3d 1166,181 N.E.3d 1155,160 N.Y.S.3d 727 (Mem)
Docket Number32 SSM 34
Parties The PEOPLE of the State of New York, Respondent, v. Juan JOHNSON, Appellant.
Decision Date10 February 2022

37 N.Y.3d 1166
181 N.E.3d 1155
160 N.Y.S.3d 727 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Juan JOHNSON, Appellant.

No. 32 SSM 34

Court of Appeals of New York.

Decided February 10, 2022


Patricia Pazner, Appellate Advocates, New York City (Alice R. B. Cullina of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn (Andrew S. Durham of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules, order reversed

37 N.Y.3d 1167

and case remitted to the Appellate Division, Second Department, for further proceedings. Under the totality of the circumstances and upon the People's concession that the appeal waiver was invalid because the plea court conflated the right to appeal with those rights automatically forfeited by a guilty plea, defendant's appeal waiver did not foreclose consideration of his suppression claim (see People v. Moyett, 7 N.Y.3d 892, 892–893, 826 N.Y.S.2d 597, 860 N.E.2d 59 [2006] ).

Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.

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1 practice notes
  • People v. Johnson, 32 SSM 34
    • United States
    • New York Court of Appeals
    • February 10, 2022
    ...37 N.Y.3d 1166181 N.E.3d 1155160 N.Y.S.3d 727 (Mem)The PEOPLE of the State of New York, Respondent,v.Juan JOHNSON, Appellant.No. 32 SSM 34Court of Appeals of New York.Decided February 10, 2022Patricia Pazner, Appellate Advocates, New York City (Alice R. B. Cullina of counsel), for appellant......
1 cases
  • People v. Johnson, 32 SSM 34
    • United States
    • New York Court of Appeals
    • February 10, 2022
    ...37 N.Y.3d 1166181 N.E.3d 1155160 N.Y.S.3d 727 (Mem)The PEOPLE of the State of New York, Respondent,v.Juan JOHNSON, Appellant.No. 32 SSM 34Court of Appeals of New York.Decided February 10, 2022Patricia Pazner, Appellate Advocates, New York City (Alice R. B. Cullina of counsel), for appellant......

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