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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1991
178 A.D.2d 659 (N.Y. App. Div. 1991)

Opinion

December 30, 1991

Appeal from the Supreme Court, Kings County (Rienzi, J.).


Ordered that the judgment is affirmed.

A Wade hearing was not required since the station house showup was merely confirmatory (see, People v Wharton, 74 N.Y.2d 921, 922; People v Morales, 37 N.Y.2d 262). The undercover officer observed the defendant face-to-face during the drug transaction knowing that the defendant would soon be arrested. He again observed the defendant being arrested within minutes of the transaction, and at the station house two hours and 25 minutes after the defendant was arrested. Under these circumstances, a Wade hearing was not necessary (see, People v Wharton, supra; People v Jackson, 171 A.D.2d 756; People v McDaniel, 171 A.D.2d 460; cf., People v Gordon, 76 N.Y.2d 595).

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 was not against the weight of the evidence (see, CPL 470.15).

The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80, 85). Thompson, J.P., Bracken, Harwood and Copertino, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1991
178 A.D.2d 659 (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. JAMES JOHNSON…

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

Date published: Dec 30, 1991

Citations

178 A.D.2d 659 (N.Y. App. Div. 1991)
578 N.Y.S.2d 223

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