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PEOPLE v. JOHNSON

2017-02992, Ind. No. 2539/14.

171 A.D.3d 1215 (2019)

96 N.Y.S.3d 870

2019 NY Slip Op 03076

The People of the State of New York, Respondent, v. Judith Johnson, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 24, 2019.

Ordered that the sentence is affirmed.

The defendant's purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 N.Y.3d 257, 264 [2011]). The record does not demonstrate that the defendant understood the distinction between the right to appeal she was asked to give up as a condition of the plea agreement and other trial rights she automatically forfeited upon her plea of guilty (see People v Barthelemy...

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