People v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s purported waiver of his right to appeal was invalid. The record does not demonstrate that the defendant “grasped the concept of the appeal waiver and the nature of the right he was forgoing” (People v Bradshaw, 18 NY3d 257, 267 [2011]; see People v Springer, 109 AD3d 557, 557 [2013] [internal quotation marks omitted]; People v Grant, 83 AD3d 862, 862-863 [2011]). Therefore, “notwithstanding the written appeal waiver form, it cannot be said that defendant knowingly, intelligently and voluntarily waived his right to appeal” (People v Bradshaw, 18 NY3d at 267; see People v Elmer,…
2Cases cited7 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BradshawNew York Court of Appeals · 2011
- People v. RamosNew York Court of Appeals · 2006
- People v. ElmerNew York Court of Appeals · 2012
- People v. GrantAppellate Division of the Supreme Court of the State of New York · 2011
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- People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. SingletonAppellate Division of the Supreme Court of the State of New York · 2015
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