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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 458 (N.Y. App. Div. 2000)

Opinion

Argued January 28, 2000.

April 3, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Schulman, J.), rendered January 28, 1998, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Kimberlianne Podlas and Harold V. Ferguson, Jr., of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Alyson J. Gill, and Peter Mason of counsel; Lorrie A. Zinno on the brief), for respondent.

DANIEL W. JOY, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant waived his right to appeal in connection with his guilty plea. Notwithstanding the waiver, he now claims that the judgment should be reversed in the event of a reversal of a separate, unrelated judgment of the Supreme Court, Kings County (Gary, J.), rendered April 25, 1997, convicting him of burglary in the second degree under Kings County Indictment No. 9337/95, upon a jury verdict, and imposing sentence (see, People v. Johnson, 271 A.D.2d 457 [Appellate Division Docket No. 1997-04628, decided herewith]), as his plea was taken in reliance upon the conviction after trial.

A waiver of the right to appeal encompasses all appealable issues, except that where important public policy concerns dictate, a claim may survive a bargained-for waiver (see, People v. Hidalgo, 91 N.Y.2d 733, 735-736 ). The instant claim is not one which survives the bargained-for waiver of the defendant's right to appeal because of important public policy concerns (see, People v. Miller, 224 A.D.2d 639 ; see also, People v. Lowrance, 41 N.Y.2d 303 ). In any event, in light of our affirmance of the judgment of conviction in the related case (see, People v. Johnson, supra), there is no basis for reversal of the instant judgment (see, People v. Landy, 59 N.Y.2d 369, 377 ).


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 458 (N.Y. App. Div. 2000)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MARK JOHNSON, a/k/a GREGORY TAYLOR…

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

Date published: Apr 3, 2000

Citations

271 A.D.2d 458 (N.Y. App. Div. 2000)
707 N.Y.S.2d 839

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