Appellate Division of the Supreme Court of New York, 2001

People v. Johnson

People v. Johnson
Appellate Division of the Supreme Court of New York · Decided June 4, 2001
284 A.D.2d 344; 725 N.Y.S.2d 576; 726 N.Y.S.2d 434; 2001 N.Y. App. Div. LEXIS 5619
People v. Johnson

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Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered February 24, 1997, convicting him of murder in the first degree and robbery in the first degree, upon a jury verdict, and imposing sentence.

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 [5]).

The defendant has not preserved for appellate review his contention that the jury charge regarding interested witnesses was unbalanced (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, the trial court’s charge adequately conveyed to the jury the appropriate standards for evaluating witness testimony (see, People v Inniss, 83 NY2d 653; People v Smith, 240 AD2d 600).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contention is without merit. Krausman, J. P., Florio, Feuerstein and Cozier, JJ., concur.

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