People v. Johnson
Cases that cite this one
5 later published cases cite this decision.
- People v. Salako (Appellate Division of the Supreme Court of New York 2018)
- People v. Gonzalez (Appellate Division of the Supreme Court of New York 2013)
- People v. Gonzalez (Appellate Division of the Supreme Court of New York 2013)
- People v. Iliff (Appellate Division of the Supreme Court of New York 2012)
- People v. Iliff (Appellate Division of the Supreme Court of New York 2012)
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
As the People correctly concede on appeal, the California penal statute under which the defendant was convicted renders criminal not one act but several acts, only some of which, if committed in New York, would constitute a felony (see People v Gonzalez, 61 NY2d 586, 590-591 [1984]; People v Boston, 79 AD3d 1140 [2010]; People v Grigg, 73 AD3d 806 [2010]). Accordingly, it would be proper to consider, inter alia, the California accusatory instrument to determine whether the particular act or acts underlying the defendant’s prior conviction would constitute a felony in New York (see People v Boston, 79 AD3d at 1141; People v Grigg, 73 AD3d at 807). Therefore, we remit the matter to the Supreme Court, Queens County, for a hearing to determine whether the defendant’s conviction in the State of California is sufficient to qualify as a predicate felony in New York, and for resentencing thereafter.
In light of our determination, we need not reach the defendant’s remaining contention. Rivera, J.E, Florio, Austin and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.