Opinion
No. 32 SSM 34
02-10-2022
The PEOPLE of the State of New York, Respondent, v. Juan JOHNSON, Appellant.
Patricia Pazner, Appellate Advocates, New York City (Alice R. B. Cullina of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn (Andrew S. Durham of counsel), for respondent.
Patricia Pazner, Appellate Advocates, New York City (Alice R. B. Cullina of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn (Andrew S. Durham of counsel), for respondent.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules, order reversed and case remitted to the Appellate Division, Second Department, for further proceedings. Under the totality of the circumstances and upon the People's concession that the appeal waiver was invalid because the plea court conflated the right to appeal with those rights automatically forfeited by a guilty plea, defendant's appeal waiver did not foreclose consideration of his suppression claim (see People v. Moyett, 7 N.Y.3d 892, 892–893, 826 N.Y.S.2d 597, 860 N.E.2d 59 [2006] ).
Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.