People v. Johnson
This text of 2023 NY Slip Op 00827 (People v. Johnson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
| People v Johnson |
| 2023 NY Slip Op 00827 |
| Decided on February 14, 2023 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided and Entered: February 14, 2023
Before: Kern, J.P., Oing, Gesmer, Scarpulla, Rodriguez, JJ.
Ind No. 856/16 Appeal No. 17147 Case No. 2019-1843
v
Terrence Johnson Also Known as Terrance Johnson, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Nicolas Schumann-Ortega of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Stephanie L. Nelson of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Harold Adler, J. at suppression hearing; Robert E. Torres, J. at plea; Robert A. Neary, J. at sentencing), rendered November 9, 2018, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 NY3d 545 [2019], cert denied 589 US —&mdash, 140 S Ct 2634 [2020]). The court's oral colloquy avoided conflating the right to appeal with the rights normally forfeited upon a guilty plea (see People v Lopez, 6 NY3d 248, 256 [2006]). The combination of the court's colloquy and the detailed written waiver that defendant signed after consultation
with counsel satisfied the requirements of a valid waiver. This waiver forecloses review of defendant's suppression claim. THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: February 14, 2023
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