Court Decision: Plea Waiver Invalid

New York Court of Appeals: People v. Johnson

Plea Waiver Invalid

The plea court improperly conflated the right to appeal with those rights automatically forfeited by a guilty plea.  Accordingly, Mr. Johnson’s appeal waiver in this criminal possession of a forged instrument case did not foreclose consideration of his suppression claim.  The case was remitted to the Appellate Division, Second Department, to consider the suppression issue. Reversed and Remanded.

Alice R. B. Cullina represented Mr. Johnson