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People v. Johnson

Citations: 244 A.D.2d 960; 668 N.Y.S.2d 136; 1997 N.Y. App. Div. LEXIS 12358

Court: Appellate Division of the Supreme Court of the State of New York; November 18, 1997; New York; State Appellate Court

Narrative Opinion Summary

Judgment is unanimously affirmed. The court rejects the argument that the verdict of guilty for criminally negligent homicide (Penal Law § 125.10) contradicts the weight of the evidence, referencing the precedent set in People v Bleakley. The sentence is deemed neither unduly harsh nor severe. The appeal originates from the Erie County Court, presided over by Judge McCarthy, regarding the charge of criminally negligent homicide in the third degree. The decision was supported by Justices Green, Lawton, Wisner, Balio, and Boehm.

Legal Issues Addressed

Assessment of Sentence Severity

Application: The court determined that the sentence imposed for the conviction was appropriate and not excessively harsh or severe.

Reasoning: The sentence is deemed neither unduly harsh nor severe.

Review of Verdict against Weight of the Evidence

Application: The court evaluated whether the guilty verdict for criminally negligent homicide was against the weight of the evidence and rejected the argument based on established legal precedent.

Reasoning: The court rejects the argument that the verdict of guilty for criminally negligent homicide (Penal Law § 125.10) contradicts the weight of the evidence, referencing the precedent set in People v Bleakley.