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People v. Johnson

Citations: 251 A.D.2d 428; 673 N.Y.S.2d 917; 1998 N.Y. App. Div. LEXIS 6552

Court: Appellate Division of the Supreme Court of the State of New York; June 8, 1998; New York; State Appellate Court

Narrative Opinion Summary

In this case, the defendant appealed a judgment from the Supreme Court, Kings County, which had convicted him of second-degree murder. The appellate court modified the original judgment by reversing the convictions related to charges of murder in the second degree and manslaughter in the first degree. This reversal was due to procedural errors, specifically the improper reporting, recording, and acceptance of the jury's verdict on these counts. The court, however, affirmed the conviction for second-degree murder under Penal Law § 125.25, finding the evidence legally sufficient to support the verdict of guilt beyond a reasonable doubt. The appellate court determined that the defendant's argument concerning the sufficiency of the evidence was not preserved for review, and it concluded that the jury's verdict was consistent with the weight of the evidence. Other arguments presented by the defendant were either unpreserved or found to be without merit. The decision was unanimously concurred by Justices Mangano, Bracken, Altman, and McGinity, leading to a partial modification of the initial judgment while maintaining the second-degree murder conviction.

Legal Issues Addressed

Procedural Requirements for Reporting Jury Verdicts

Application: The court reversed certain convictions because the jury's verdict for those counts was not properly reported, recorded, or accepted, violating procedural mandates.

Reasoning: This modification was based on the fact that the jury's verdict for those counts was not properly reported, recorded, or accepted by the court, violating procedural requirements.

Sufficiency of Evidence for Appellate Review

Application: The defendant's challenge to the sufficiency of the evidence was not preserved for appellate review. Nonetheless, the court found the evidence legally sufficient to establish guilt beyond a reasonable doubt.

Reasoning: The defendant's challenge regarding the sufficiency of the evidence was deemed unpreserved for appellate review, but the court found the evidence legally sufficient to establish guilt beyond a reasonable doubt.

Weight of the Evidence

Application: The court concluded that the guilty verdict for second-degree murder was not against the weight of the evidence.

Reasoning: Additionally, the court concluded that the guilty verdict was not against the weight of the evidence.