People v. Johnson
| Court | New York Court of Appeals |
| Writing for the Court | GRAFFEO |
| Citation | 903 N.Y.S.2d 299,929 N.E.2d 361,14 N.Y.3d 483 |
| Decision Date | 04 May 2010 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Terrance JOHNSON, Appellant. |
14 N.Y.3d 483
929 N.E.2d 361
The PEOPLE of the State of New York, Respondent,
v.
Terrance JOHNSON, Appellant.
Court of Appeals of New York.
May 4, 2010.
Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy, David C. Schopp and Barbara J. Davies of counsel), for appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Shawn P. Hennessy and Donna A. Milling of counsel), for respondent.
GRAFFEO, J.
In this case, we consider whether defendant's waiver of his right to appeal became invalid when the court later decided not
In October 2006, defendant Terrance Johnson, a 16-year-old student, attacked a female teacher with a wooden board near a school. After striking her several times, defendant took the keys to her car and drove away in the teacher's vehicle. Defendant was later apprehended and indicted for robbery in the first degree and two counts of robbery in the second degree.
On the day the trial was scheduled to begin, Supreme Court was informed that a plea agreement had been reached between the People and defendant. In furtherance of the negotiated agreement, Supreme Court indicated that in exchange for a guilty plea to first-degree robbery and a waiver of the right to appeal, defendant would be adjudicated as a youthful offender with a maximum prison sentence of 1 1/3 to 4 years. During the plea allocution, defendant acknowledged that he was facing up to 25 years in prison without the plea deal and he agreed to waive his right to appeal. The court further warned defendant that the maximum sentence could be imposed if he failed to appear for sentencing, did not cooperate with the probation department or committed another crime. After allocuting that he injured the teacher with a board and stole her car, defendant pleaded guilty to robbery in the first degree.
Before sentencing occurred, Supreme Court reconsidered the terms of the plea agreement and decided that it could not abide by all of the terms because "it would be inappropriate to grant youthful offender status, in light of the seriousness of the crime, the injuries to the victim, and other factors." The court also noted that the probation department had recommended against youthful offender treatment. The judge offered defendant the option of withdrawing his plea and proceeding to trial, or retaining the guilty plea and receiving a sentence of five years of imprisonment and five years of postrelease supervision, but without adjudication as a youthful offender. Defense counsel advised the court that defendant did not wish to withdraw his plea and the judge thereafter imposed the new agreed-to sentence, which did not include youthful offender status.
Defendant appealed and the Appellate Division affirmed, concluding that...
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People v. Thomas, No. 87, No. 88, No. 89
...in any particular litany in order to obtain a valid waiver of appellate rights (see 144 N.E.3d 990122 N.Y.S.3d 246 People v. Johnson, 14 N.Y.3d 483, 486, 903 N.Y.S.2d 299, 929 N.E.2d 361 [2010] ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Callah......
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People v. Moncrieft, 2017–00346
...observed that there is no mandatory litany that must be used in order to obtain a valid waiver of appellate rights" ( People v. Johnson, 14 N.Y.3d 483, 486, 903 N.Y.S.2d 299, 929 N.E.2d 361 ), "[t]he best way to ensure that the record reflects that the right is known and intentionally relin......
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People v. Carryl, 2017–04932
...there is no mandatory litany 169 A.D.3d 819that must be used in order to obtain a valid waiver of appellate rights" ( People v. Johnson , 14 N.Y.3d 483, 486, 903 N.Y.S.2d 299, 929 N.E.2d 361 ), "[t]he best way to ensure that the record reflects that the right is known and intentionally reli......
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People v. McCaskill
...a knowing and voluntary choice" ( People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108 [1992]; see People v. Johnson, 14 N.Y.3d 483, 486 n., 903 N.Y.S.2d 299, 929 N.E.2d 361 [2010]; People v. Muniz, 91 N.Y.2d 570, 575, 673 N.Y.S.2d 358, 696 N.E.2d 182 [1998] ).1 According......
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People v. Thomas, No. 87, No. 88, No. 89
...in any particular litany in order to obtain a valid waiver of appellate rights (see 144 N.E.3d 990122 N.Y.S.3d 246 People v. Johnson, 14 N.Y.3d 483, 486, 903 N.Y.S.2d 299, 929 N.E.2d 361 [2010] ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Callah......
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People v. Moncrieft, 2017–00346
...observed that there is no mandatory litany that must be used in order to obtain a valid waiver of appellate rights" ( People v. Johnson, 14 N.Y.3d 483, 486, 903 N.Y.S.2d 299, 929 N.E.2d 361 ), "[t]he best way to ensure that the record reflects that the right is known and intentionally relin......
-
People v. Carryl, 2017–04932
...there is no mandatory litany 169 A.D.3d 819that must be used in order to obtain a valid waiver of appellate rights" ( People v. Johnson , 14 N.Y.3d 483, 486, 903 N.Y.S.2d 299, 929 N.E.2d 361 ), "[t]he best way to ensure that the record reflects that the right is known and intentionally reli......
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People v. McCaskill
...a knowing and voluntary choice" ( People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108 [1992]; see People v. Johnson, 14 N.Y.3d 483, 486 n., 903 N.Y.S.2d 299, 929 N.E.2d 361 [2010]; People v. Muniz, 91 N.Y.2d 570, 575, 673 N.Y.S.2d 358, 696 N.E.2d 182 [1998] ).1 According......