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PEOPLE v. JOHNSON

No. 32 SSM 34.

37 N.Y.3d 1166 (2022)

2022 NY Slip Op 00909

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN JOHNSON, Appellant.

Court of Appeals of New York.

Decided February 10, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , Appellate Advocates, New York City ( Alice R. B. Cullina of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn ( Andrew S. Durham of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and case remitted to the Appellate Division, Second Department, for further proceedings. Under the totality of the circumstances and upon the People's concession that the appeal waiver was invalid because the plea court conflated the right to appeal with those rights automatically...

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