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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 2001
284 A.D.2d 344 (N.Y. App. Div. 2001)

Opinion

Argued May 11, 2001.

June 4, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered February 24, 1997, convicting him of murder in the first degree and robbery in the first degree, upon a jury verdict, and imposing sentence.

Daniel L. Greenberg, New York, N.Y. (Sara Bennett of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Phyllis Mintz of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P. ANITA R. FLORIO SANDRA J. FEUERSTEIN BARRY A. COZIER, JJ.


ORDERED that the judgment is affirmed.

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 establish the defendant's guilt beyond a reasonable doubt. 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 has not preserved for appellate review his contention that the jury charge regarding interested witnesses was unbalanced (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, the trial court's charge adequately conveyed to the jury the appropriate standards for evaluating witness testimony (see, People v. Inniss, 83 N.Y.2d 653; People v. Smith, 240 A.D.2d 600).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contention is without merit.

KRAUSMAN, J.P., FLORIO, FEUERSTEIN and COZIER, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 2001
284 A.D.2d 344 (N.Y. App. Div. 2001)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. JASON JOHNSON, APPELLANT. (IND. NO…

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

Date published: Jun 4, 2001

Citations

284 A.D.2d 344 (N.Y. App. Div. 2001)
725 N.Y.S.2d 576

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