Legal Opinion

People v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 2010PublishedCited by 7 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J), rendered August 14, 2008, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his plea of guilty was not knowing and voluntary because it was based upon a mistaken *1049belief that he was a second felony offender is unpreserved for appellate review since he did not move to withdraw his plea on that basis (see People v Clarke, 93 NY2d 904, 906 [1999]; People v Lopez, 71 NY2d 662, 665-666 [1988];…

2Cases cited10 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. ClarkeNew York Court of Appeals · 1999
  3. People v. GarciaNew York Court of Appeals · 1998
  4. People v. AntoineAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. GrimesAppellate Division of the Supreme Court of the State of New York · 2006

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. PoleunAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. EverleAppellate Terms of the Supreme Court of New York · 2012
  3. People v. ChambersAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. ParkerAppellate Division of the Supreme Court of the State of New York · 2021
  5. People v. Alali (Jehad)Appellate Terms of the Supreme Court of New York · 2017

2 more not listed; retrieve them via the Exa API.

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