People v. Johnson, 77 A.D.3d 986 (N.Y. App. Div. 2010). · Go Syfert
People v. Johnson, 77 A.D.3d 986 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Wade (nyappdiv, 2026-05-28)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Wade (2×)
N.Y. App. Div. · 2026 · confidence medium
Footnote 2 To the extent that the arguments advanced by defendant in his motion involved matters outside the record, such as his suggestion that defense counsel was ineffective in failing to properly investigate the matter or pursue potential speedy trial issues, they are more properly explored in a CPL article 440 motion ( see People v Johnson , 77 AD3d 986, 987 [3d Dept 2010], lv denied 16 NY3d 743 [2011]).
discussed Cited as authority (rule) People v. Renert
N.Y. App. Div. · 2016 · confidence medium
Moreover, upon questioning by County Court, defendant acknowledged that he had ample opportunity to discuss the plea agreement with counsel, he indicated that he was clearheaded and was not taking any medication that prevented him from understanding the proceedings and he offered no other evidence to substantiate his contention that his mental state at the time of his plea prevented him from knowingly and voluntarily entering a-plea (see People v Gasparro, 139 AD3d 1247, 1248 [2016], lv denied 28 NY3d 929 [2016]; People v Johnson, 77 AD3d 986, 986-987 [2010], lv denied 16 NY3d 743 [2011]).
discussed Cited as authority (rule) People v. Trimm
N.Y. App. Div. · 2015 · confidence medium
Defendant’s claim that he had been under the influence of drugs at the time of the plea is in direct conflict with his acknowledgment during the allocution that he was not under the influence of any such substance, and he offered no evidence to support his assertion that his mental state prevented him from entering a voluntary guilty plea (see People v Johnson, 77 AD3d 986, 986 [2010], lv denied 16 NY3d 743 [2011]; People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; People v Obert, 1 AD3d 631, 631-632 [2003], lv denied 2 NY3d 764 [2004]).
discussed Cited as authority (rule) People v. Barton
N.Y. App. Div. · 2015 · confidence medium
Finally, defendant’s contention that he was advised by defense counsel that he would be sentenced to two years in prison if he pleaded guilty involved a matter outside of the record (see People v Ramos, 63 NY2d 640 -642 [1984]; People v Johnson, 77 AD3d 986, 986 [2010], lv denied 16 NY3d 743 [2011]).
discussed Cited as authority (rule) People v. Bartlett
N.Y. App. Div. · 2012 · confidence medium
“Whether to allow withdrawal of a guilty plea is left to the sound discretion of County Court, and will generally not be permitted absent some evidence of innocence, fraud or mistake in its inducement” (People v Johnson, 77 AD3d 986, 986 [2010], lv denied 16 NY3d 743 [2011] [internal quotation marks and citations omitted]; see People v Carmona, 66 AD3d 1240, 1241 [2009], lv denied 14 NY3d 799 [2010]; People v Singletary, 51 AD3d 1334, 1334 [2008], lv denied 11 NY3d 741 [2008]).
discussed Cited as authority (rule) People v. Bartlett
N.Y. App. Div. · 2012 · confidence medium
“Whether to allow withdrawal of a guilty plea is left to the sound discretion of County Court, and will generally not be permitted absent some evidence of innocence, fraud or mistake in its inducement” (People v Johnson, 77 AD3d 986, 986 [2010], lv denied 16 NY3d 743 [2011] [internal quotation marks and citations omitted]; see People v Carmona, 66 AD3d 1240, 1241 [2009], lv denied 14 NY3d 799 [2010]; People v Singletary, 51 AD3d 1334, 1334 [2008], lv denied 11 NY3d 741 [2008]).
discussed Cited as authority (rule) People v. Carpenter
N.Y. App. Div. · 2012 · confidence medium
Accordingly, we find that the plea was properly entered and that Count Court did not abuse its discretion in denying the motion to withdraw his plea without a hearing (see People v Waters, 80 AD3d 1002, 1003 [2011], lv denied 16 NY3d 858 [2011], reconsideration denied 16 NY3d 864 [2011]; People v Johnson, 77 AD3d 986, 986-987 [2010], lv denied 16 NY3d 743 [2011]).
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2011 · confidence medium
Although such a challenge “survives his appeal waiver and is preserved due to his motion to withdraw the plea” (People v Johnson, 77 AD3d 986, 986 [2010], lv denied 16 NY3d 743 [2011]; see People v Ortiz, 69 AD3d 966, 967 [2010]), we nevertheless find it to be unpersuasive.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Craig R. Johnson Jr.
Appellate Division of the Supreme Court of the State of New York.
Oct 7, 2010.
77 A.D.3d 986
Rose.
Cited by 8 opinions  |  Published
Rose, J.

Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered January 16, 2009, convicting defendant upon his plea of guilty of the crimes of murder in the second degree and arson in. the second degree.

In satisfaction of a three-count indictment and a pending probation violation petition, defendant pleaded guilty to murder in the second degree and arson in the second degree, and further waived his right to appeal. Defendant’s subsequent motion to withdraw his plea was denied without a hearing. County Court then sentenced him, as a second felony offender, to the agreed-upon sentence of an aggregate prison term of 20 years to life and postrelease supervision of five years.

Defendant now appeals, arguing that his guilty plea was not knowingly, voluntarily and intelligently entered. This challenge survives his appeal waiver and is preserved due to his motion to withdraw the plea (see People v Ortiz, 69 AD3d 966, 967 [2010]; People v First, 62 AD3d 1043, 1044 [2009], lv denied 12 NY3d 915 [2009]). Nevertheless, we affirm. “Whether to allow withdrawal of a guilty plea is left to the sound discretion of County Court, and will generally not be permitted absent ‘some evidence of innocence, fraud or mistake in its inducement’ ” (People v Mitchell, 73 AD3d 1346, 1347 [2010], quoting People v Carmona, 66 AD3d 1240, 1241 [2009], lv denied 14 NY3d 799 [2010]). Here, defendant expressed satisfaction with defense counsel during the plea colloquy, and the allocuted facts gave no reason to believe that any defenses were applicable. He nevertheless states that he relayed a significantly altered version of events to his attorney prior to pleading guilty—a version in which, it should be noted, defendant still admitted to committing the acts in question—but that counsel mistakenly advised that he had no defenses. Defendant’s argument amounts to “an assertion that counsel provided erroneous off-the-record advice,” which must be raised in an appropriate CPL 440.10 motion (People v Henderson, 130 AD2d 789, 790 [1987]; see People v Ramos, 63 NY2d 640, 642-643 [1984]; People v Bagley, 298 AD2d 616, 617 [2002], lv denied 99 NY2d 580 [2003]). Lastly, defendant acknowledged that he was not under the influence of any medication at the time he entered his guilty plea, he had discussed the plea agreement with counsel and understood its terms, and he offered no evidence to substantiate the claim that his mental state prevented him from entering a voluntary guilty plea (see People v Ashley, 71 AD3d 1286, 1287-1288[*987] [2010]; People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]). Accordingly, County Court properly denied defendant’s motion to withdraw his guilty plea without a hearing.

Cardona, P.J., Peters, Malone Jr. and Stein, JJ., concur. Ordered that the judgment is affirmed.