From Casetext: Smarter Legal Research

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1987
134 A.D.2d 524 (N.Y. App. Div. 1987)

Opinion

November 23, 1987

Appeal from the Supreme Court, Richmond County (Kuffner, J.).


Ordered that the judgment is affirmed.

Although the defendant's two robbery convictions are based on separate incidents, both incidents involved a robbery during which the defendant displayed an object which appeared to be a pistol (see, Penal Law § 160.15). Therefore, the court did not abuse its discretion in denying the defendant's motion for a severance and separate trials (see, CPL 200.20 [c]; [3]; People v. Lane, 56 N.Y.2d 1, 7; People v. Mack, 111 A.D.2d 186, lv denied 66 N.Y.2d 616). Furthermore, we see no merit to the defendant's argument that the People failed to prove his guilt of these crimes beyond a reasonable doubt (see, People v Baskerville, 60 N.Y.2d 374; see also, People v. Saez, 69 N.Y.2d 802) and we find that the verdict was not against the weight of the evidence (see, CPL 470.15). Mangano, J.P., Weinstein, Kooper and Harwood, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1987
134 A.D.2d 524 (N.Y. App. Div. 1987)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HORACE JOHNSON…

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

Date published: Nov 23, 1987

Citations

134 A.D.2d 524 (N.Y. App. Div. 1987)