People v. Johnson
Cases that cite this one
3 later published cases cite this decision.
- People v. Austin (Appellate Division of the Supreme Court of New York 2004)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2003)
- People v. Maldonado (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered September 14, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
The verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). Issues of credibility were properly presented to the jury and there is no reason to disturb its determinations.
The court properly denied defendant’s untimely request for an adverse inference charge, made at the close of trial, based on the People’s failure to introduce the officer’s binoculars into evidence. The People were under no obligation to place the binoculars in evidence, and defendant never sought to examine the binoculars or to have them produced in order to introduce them as a defense exhibit. Concur — Sullivan, P. J., Nardelli, Williams, Mazzarelli and Saxe, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.