People v. Johnson, 106 A.D.3d 1331 (N.Y. App. Div. 2013). · Go Syfert
People v. Johnson, 106 A.D.3d 1331 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Gilbert (nyappdiv, 2016-12-08)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Gilbert
N.Y. App. Div. · 2016 · confidence medium
In this regard, the record reflects that, “[a]lthough the appeal waiver was not mentioned when the terms of the plea agreement were initially placed on the record,” defendant was informed during the plea colloquy, and prior to pleading guilty, that a waiver of the right to appeal was part of the plea bargain (People v Johnson, 106 AD3d 1331, 1332 [2013], lv denied 21 NY3d 1016 [2013]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2014 · confidence medium
We find this record adequate to demonstrate his voluntary and knowledgeable waiver (see People v Johnson, 106 AD3d 1331, 1332 [2013], lv denied 21 NY3d 1016 [2013]; People v Foote, 102 AD3d 1056, 1057 [2013], lv denied 20 NY3d 1098 [2013]; People v Lopez, 97 AD3d 853, 853 [2012], lv denied 19 NY3d 1027 [2012]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2014 · confidence medium
We find this record adequate to demonstrate his voluntary and knowledgeable waiver (see People v Johnson, 106 AD3d 1331, 1332 [2013], lv denied 21 NY3d 1016 [2013]; People v Foote, 102 AD3d 1056, 1057 [2013], lv denied 20 NY3d 1098 [2013]; People v Lopez, 97 AD3d 853, 853 [2012], lv denied 19 NY3d 1027 [2012]).
discussed Cited as authority (rule) People v. Newton
N.Y. App. Div. · 2014 · confidence medium
Accordingly, defendant validly waived the right to appeal his conviction and sentence (see People v Johnson, 106 AD3d 1331, 1332 [2013], lv denied 21 NY3d 1016 [2013]; People v Lopez, 97 AD3d 853, 853 [2012], lv denied 19 NY3d 1027 [2012]).
discussed Cited as authority (rule) People v. Newton
N.Y. App. Div. · 2014 · confidence medium
Accordingly, defendant validly waived the right to appeal his conviction and sentence (see People v Johnson, 106 AD3d 1331, 1332 [2013], lv denied 21 NY3d 1016 [2013]; People v Lopez, 97 AD3d 853, 853 [2012], lv denied 19 NY3d 1027 [2012]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Shaheem Johnson, Also Known as Sha
Appellate Division of the Supreme Court of the State of New York.
May 23, 2013.
106 A.D.3d 1331
Stein.
Cited by 6 opinions  |  Published
Stein, J.

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered May 27, 2011 in Albany County, convicting defendant upon his plea of guilty of the crime of manslaughter in the first degree.

Defendant pleaded guilty to the reduced charge of manslaughter in the first degree and was sentenced in accordance with the plea agreement to a prison term of 24 years followed by five years of postrelease supervision, to be served consecutively to the sentence he was already serving. Defendant now appeals.

We affirm. We are unpersuaded by defendant’s contention[*1332] that his waiver of the right to appeal is unenforceable. Although the appeal waiver was not mentioned when the terms of the plea agreement were initially placed on the record, during the plea colloquy, and prior to defendant pleading guilty, defendant was informed that a waiver of the right to appeal was part of the plea bargain. The record demonstrates that Supreme Court explained the nature of the waiver and the distinct rights being forfeited thereby. Furthermore, defendant acknowledged, and defense counsel affirmed, that defense counsel reviewed the written waiver with defendant. After conferring with his counsel, defendant orally waived his right to appeal and executed a written waiver in open court. In view of the foregoing, we are satisfied that defendant knowingly, voluntarily and intelligently waived his right to appeal his conviction and sentence (see People v Foote, 102 AD3d 1056, 1057 [2013], lv denied 20 NY3d 1098 [2013]; see also People v Lopez, 6 NY3d 248, 256 [2006]). Given such valid waiver, defendant’s challenges to the sentence imposed, including those in his pro se submission, are foreclosed (see People v Estrada, 102 AD3d 1064, 1065 [2013]).

Peters, EJ., Lahtinen and Garry, JJ., concur. Ordered that the judgment is affirmed.