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People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 1023 (N.Y. App. Div. 1991)

Opinion

February 1, 1991

Appeal from the Monroe County Court, Marks, J.

Present — Callahan, J.P., Doerr, Green, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the evidence in this wholly circumstantial evidence case was not legally sufficient to establish that defendant was guilty of murder in the second degree as an' accessory (see, Penal Law § 20.00, 125.25 Penal [1]; People v Ford, 66 N.Y.2d 428, 441; People v Benzinger, 36 N.Y.2d 29, 32).

Viewing the evidence in the light most favorable to the People (see, People v Kennedy, 47 N.Y.2d 196), indulging in all reasonable inferences in the People's favor (see, People v Benzinger, supra) and bearing in mind that credibility is a matter to be determined by the trier of facts (see, People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), we conclude that defendant's guilt was proved beyond a reasonable doubt "as the facts from which the inference of his guilt is drawn, when perceived as a whole, are inconsistent with his innocence and exclude to a moral certainty every other reasonable hypothesis" (People v Lewis, 64 N.Y.2d 1111, 1112; see also, People v Mattiace, 77 N.Y.2d 269).

Furthermore, the hearing court properly denied defendant's motion to suppress his statements as being the product of a continuous custodial interrogation not preceded by Miranda warnings (see, Miranda v Arizona, 384 U.S. 436). The suppression court's determination, which is to be accorded much weight (see, People v Prochilo, 41 N.Y.2d 759, 761) is fully supported by the record (see, People v Yukl, 25 N.Y.2d 585, mot to amend remittitur denied 26 N.Y.2d 845, cert denied 400 U.S. 851).


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 1023 (N.Y. App. Div. 1991)
Case details for

People v. Johnson

Case Details

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

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

Date published: Feb 1, 1991

Citations

170 A.D.2d 1023 (N.Y. App. Div. 1991)