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PEOPLE v. JOHNSON

2015-00527, Ind. No. 46/14.

140 A.D.3d 1188 (2016)

35 N.Y.S.3d 375

2016 NY Slip Op 05170

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

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

Decided June 29, 2016.

Ordered that the judgment is affirmed.

"A waiver of the right to appeal may be elicited as a condition of a plea bargain" (People v Johnson, 14 N.Y.3d 483, 486 [2010]; see People v Seaberg, 74 N.Y.2d 1, 5 [1989]). However, such a waiver "will not be enforced unless it was knowingly, intelligently and voluntarily made" (People v Callahan, 80 N.Y.2d 273

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