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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 2001
285 A.D.2d 517 (N.Y. App. Div. 2001)

Opinion

Argued June 12, 2001.

July 9, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered December 16, 1999, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (M. Chris Fabricant of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel), for respondent.

Before: GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.


ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05; People v. Johnson, 185 A.D.2d 247).

In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 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).

The defendant's contention that the Supreme Court committed reversible error when it denied his challenge for cause to a prospective juror is without merit. The challenged juror's responses to questions by the Supreme Court and the defense counsel did not indicate that she would be unable to render an impartial verdict based solely on the evidence adduced at trial (see, CPL 270.20[b]; People v. Archer, 210 A.D.2d 241). In addition, her responses did not reveal any doubt as to her ability to be fair and impartial which would have required an expurgatory oath (see, People v. Arnold, N.Y.2d [June 12, 2001]; People v. Johnson, 94 N.Y.2d 600).

GOLDSTEIN, J.P., McGINITY, LUCIANO and CRANE, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 2001
285 A.D.2d 517 (N.Y. App. Div. 2001)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE, ETC., respondent, v. KENNY JOHNSON, appellant

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

Date published: Jul 9, 2001

Citations

285 A.D.2d 517 (N.Y. App. Div. 2001)
727 N.Y.S.2d 643

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