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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 524 (N.Y. App. Div. 1995)

Opinion

December 11, 1995

Appeal from the Supreme Court, Queens County (Sherman, J.).


Ordered that the judgment and the amended judgment are affirmed.

The trial court allowed a key prosecution witness to testify anonymously. The defendant's objection to the court's ruling was made at a time when the alleged error could no longer effectively be cured. Therefore, this claim of error is unpreserved for appellate review (see, CPL 470.05). Moreover, review of this claim of error in the exercise of our interest of justice jurisdiction is unwarranted in light of the fact that the alleged error could not have affected the outcome of the trial (cf., People v Kearse, 215 A.D.2d 104; People v Remgifo, 150 A.D.2d 736).

The defendant's remaining contention is meritless. Bracken, J.P., Sullivan, Rosenblatt and Hart, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 524 (N.Y. App. Div. 1995)
Case details for

People v. Johnson

Case Details

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

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

Date published: Dec 11, 1995

Citations

222 A.D.2d 524 (N.Y. App. Div. 1995)
635 N.Y.S.2d 81