People v Johnson, 37 NY3d at 1166 (2022)

2022 NY Slip Op 00909 [37 NY3d 1166]
February 10, 2022
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Juan Johnson, Appellant.

Decided February 10, 2022

People v Johnson, 185 AD3d 838, reversed.

{**37 NY3d at 1166} 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{**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.