Legal Opinion
People v. Johnson
New York Court of Appeals
Decided May 4, 2010No. 69PublishedCited by 73 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this case, we consider whether defendant’s waiver of his right to appeal became invalid when the court later decided not to honor two aspects of defendant’s plea agreement. Based on the facts before us, we conclude that the court’s modification of those sentencing terms voided defendant’s prior waiver of appeal and required the reallocution of the waiver. Because that did not occur, defendant was entitled to pursue an appeal challenging his sentence.
In October 2006, defendant Terrance Johnson, a 16-year-old student, attacked a female teacher with a wooden…
2Cases cited7 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. SeabergNew York Court of Appeals · 1989
- People v. HidalgoNew York Court of Appeals · 1998
- People v. CallahanNew York Court of Appeals · 1992
- People v. SelikoffNew York Court of Appeals · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- People v. MaracleNew York Court of Appeals · 2012
- People v. RocchinoAppellate Division of the Supreme Court of the State of New York · 2017
- People v. BlackwoodAppellate Division of the Supreme Court of the State of New York · 2017
- People v. Christopher B.Appellate Division of the Supreme Court of the State of New York · 2020
- People v. DanielsAppellate Division of the Supreme Court of the State of New York · 2021
68 more not listed; retrieve them via the Exa API.