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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1996
233 A.D.2d 406 (N.Y. App. Div. 1996)

Opinion

November 12, 1996.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered February 10, 1994, convicting him of burglary in the first degree, assault in the second degree, unlawful imprisonment in the second degree, and aggravated harassment in the second degree, upon a jury verdict, and imposing sentence.

Before: O'Brien, J.P., Ritter, Sullivan and Luciano, JJ.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v Contes, 60 NY2d 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).

Further, the court did not err in denying the defendant's untimely speedy trial motion ( see, CPL 30.30; 210.20; People v Lawrence, 64 NY2d 200; People v Bernhardt, 223 AD2d 595; People v Harvall, 196 AD2d 553).

The defendant's remaining contentions lack merit.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1996
233 A.D.2d 406 (N.Y. App. Div. 1996)
Case details for

People v. Johnson

Case Details

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

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

Date published: Nov 12, 1996

Citations

233 A.D.2d 406 (N.Y. App. Div. 1996)
650 N.Y.S.2d 574

Citing Cases

People v. Johnson [2d Dept 1999

DECISION ORDER Application by the appellant for a writ of error coram nobis to vacate, on the ground of…