| People v Johnson |
| 2022 NY Slip Op 00909 [37 NY3d 1166] |
| February 10, 2022 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 16, 2022 |
| The People of the State of New York, Respondent, v Juan Johnson, Appellant. |
Decided February 10, 2022
People v Johnson, 185 AD3d 838, reversed.
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.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed{**37 NY3d at 1167} 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 forfeited by a guilty plea, defendant's appeal waiver did not foreclose consideration of his suppression claim (see People v Moyett, 7 NY3d 892, 892-893 [2006]).
Concur: Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman.