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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2011
2011 N.Y. Slip Op. 8955 (N.Y. App. Div. 2011)

Opinion

2009-06377.

Decided on December 6, 2011.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mullen, J.), rendered June 11, 2009, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Lynn W. L. Fahey, New York, N.Y. (Kendra L. Hutchinson of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel; Samuel K. Mersky on the brief), for respondent.

WILLIAM F. MASTRO, A.P.J., ANITA R. FLORIO, PLUMMER E. LOTT, JEFFREY A. COHEN, JJ.


DECISION ORDER

Contrary to the defendant's contention, the evidence, when viewed in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), was legally sufficient to establish, beyond a reasonable doubt, his identity as one of two robbers. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson , 9 NY3d 342 , 348-349; People v Romero , 7 NY3d 633 , 644-645), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495; People v Jean-Marie , 67 AD3d 704 , 704). Upon reviewing the record, we are satisfied that the jury's verdict of guilt was not against the weight of the evidence ( see People v Romero , 7 NY3d 633 ).

MASTRO, A.P.J., FLORIO, LOTT and COHEN, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2011
2011 N.Y. Slip Op. 8955 (N.Y. App. Div. 2011)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, respondent, v. ANTHONY JOHNSON…

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

Date published: Dec 6, 2011

Citations

2011 N.Y. Slip Op. 8955 (N.Y. App. Div. 2011)