Appellate Division of the Supreme Court of New York, 1990

People v. Johnson

People v. Johnson
Appellate Division of the Supreme Court of New York · Decided February 20, 1990
158 A.D.2d 620; 551 N.Y.S.2d 590; 1990 N.Y. App. Div. LEXIS 2010
People v. Johnson

Opinion of the Court

The statements made by the defense counsel at the time of the defendant’s plea of guilty máke it clear that the defendant knowingly waived his right to appeal in order to induce the People to agree to the plea bargain. The defendant’s waiver is fully enforceable (see, People v Seaberg, 74 NY2d 1). The enforceability of the waiver is unaffected by the fact that the *621court, at the time of sentencing, mistakenly informed the defendant that he had the right to appeal. Mangano, J. P., Bracken, Rubin, Kooper and Rosenblatt, JJ., concur.

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