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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 395 (N.Y. App. Div. 2000)

Opinion

Argued October 10, 2000.

November 21, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered January 12, 1998, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Warren S. Hecht, Forest Hills, N.Y., for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Stephen Dixon-Gordon of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, reversal of his convictions is not warranted as a result of an alleged violation of the Rosario rule (see, People v. Haupt, 71 N.Y.2d 929; People v. Rosario, 9 N.Y.2d 286). In this regard, the trial court acted within the bounds of its discretion by granting the defendant's request for an adverse inference charge (see, People v. Banch, 80 N.Y.2d 610; People v. Wallace, 76 N.Y.2d 953, 955).

Viewing the evidence in the light most favorable to the prosecution, the evidence was legally sufficient to support the convictions (see, People v. Contes, 60 N.Y.2d 620).

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


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 395 (N.Y. App. Div. 2000)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. JARMEL JOHNSON, APPELLANT

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

Date published: Nov 21, 2000

Citations

277 A.D.2d 395 (N.Y. App. Div. 2000)
716 N.Y.S.2d 330