Legal Opinion

People v. Johnson

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

Decided May 11, 2010PublishedCited by 15 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered January 11, 2007, 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 valid waiver of his right to appeal precludes review of his challenge to the factual adequacy of his plea al-locution (see People v Chavez, 71 AD3d 781 [2010]; People v Rufa, 57 AD3d 697 [2008]).

To the extent that the defendant contends that his plea was not knowing or voluntary, his claim is unpreserved for appellate review since he…

2Cases cited8 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. ToxeyNew York Court of Appeals · 1995
  3. People v. ElcineAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. WinbushAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. GuerreroAppellate Division of the Supreme Court of the State of New York · 2003

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

3Cited by15 opinions

  1. People v. CrewsAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. McKenzieAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. HardeeAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. PatelAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. RojasAppellate Division of the Supreme Court of the State of New York · 2010

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

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