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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 620 (N.Y. App. Div. 1990)

Summary

In People v Johnson (158 A.D.2d 620 -621), this court held: "The statements made by the defense counsel at the time of the defendant's plea of guilty make it clear that the defendant knowingly waived his right to appeal in order to induce the People to agree to the plea bargain.

Summary of this case from People v. Burk

Opinion

February 20, 1990

Appeal from the County Court, Dutchess County (King, J.).


Ordered that the appeal is dismissed.

The statements made by the defense counsel at the time of the defendant's plea of guilty make it clear that the defendant knowingly waived his right to appeal in order to induce the People to agree to the plea bargain. The defendant's waiver is fully enforceable (see, People v Seaberg, 74 N.Y.2d 1). The enforceability of the waiver is unaffected by the fact that the court, at the time of sentencing, mistakenly informed the defendant that he had the right to appeal. Mangano, J.P., Bracken, Rubin, Kooper and Rosenblatt, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 620 (N.Y. App. Div. 1990)

In People v Johnson (158 A.D.2d 620 -621), this court held: "The statements made by the defense counsel at the time of the defendant's plea of guilty make it clear that the defendant knowingly waived his right to appeal in order to induce the People to agree to the plea bargain.

Summary of this case from People v. Burk
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COLUMBUS JOHNSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 20, 1990

Citations

158 A.D.2d 620 (N.Y. App. Div. 1990)

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