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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
May 1, 2000
272 A.D.2d 343 (N.Y. App. Div. 2000)

Opinion

Argued March 20, 2000.

May 1, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered January 31, 1996, convicting him of manslaughter in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Cynthia Colt of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Joyce Slevin, and Brendan Fitzgerald Crowe of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the People failed to prove that he did not act in self-defense is unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to disprove the defendant's defense and establish his guilt beyond a reasonable doubt (see, People v. Grisby, 232 A.D.2d 579; People v. Cole, 200 A.D.2d 631). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

BRACKEN, J.P., O'BRIEN, KRAUSMAN and GOLDSTEIN, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
May 1, 2000
272 A.D.2d 343 (N.Y. App. Div. 2000)
Case details for

People v. Johnson

Case Details

Full title:The People, etc., respondent, v. Kevin Johnson, appellant. (Ind. No…

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

Date published: May 1, 2000

Citations

272 A.D.2d 343 (N.Y. App. Div. 2000)
714 N.Y.S.2d 682