New York Court of Appeals, 1979

People v. Johnson

New York Court of Appeals · Decided December 13, 1979 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur

48 N.Y.2d 925; 401 N.E.2d 178; 425 N.Y.S.2d 55; 1979 N.Y. LEXIS 2532

Cases that cite this one

6 later published cases cite this decision.

People v. Johnson (Appellate Division of the Supreme Court of New York 2022)
People v. Johnson (Appellate Division of the Supreme Court of New York 2022)
People v. Daniels (Appellate Division of the Supreme Court of New York 1996)
People v. Sullivan (Appellate Division of the Supreme Court of New York 1990)
People v. Crutchfield (Appellate Division of the Supreme Court of New York 1987)
People v. Smith (Appellate Division of the Supreme Court of New York 1985)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The circumstances of defendant’s flight from and apprehension by the police investigating the burglary charge supported the inference that he had possessed the drugs found sandwiched between his wallet and notebook under a couch cushion at the scene of the arrest. Thus, proof of the burglary "would be material and admissible as evidence in chief upon a trial of’ the possession count (CPL 200.20, subd 2, par [b]). We cannot say that the trial court abused its discretion in refusing to sever these intimately connected crimes for trial (cf. People v Monger, 24 NY2d 445, 449).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.