People v. Johns

Citation210 A.D.3d 1108,178 N.Y.S.3d 782
Decision Date30 November 2022
Docket Number2016–01660,Ind. No. 9630/13
Parties The PEOPLE, etc., respondent, v. Akbar JOHNS, appellant.
CourtNew York Supreme Court Appellate Division

210 A.D.3d 1108
178 N.Y.S.3d 782

The PEOPLE, etc., respondent,
v.
Akbar JOHNS, appellant.

2016–01660
Ind.
No. 9630/13

Supreme Court, Appellate Division, Second Department, New York.

Argued—November 1, 2022
November 30, 2022


Twyla Carter, New York, NY (Will A. Page and Naila Siddiqui of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel), for respondent.

VALERIE BRATHWAITE NELSON, J.P., ANGELA G. IANNACCI, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.

DECISION & ORDER

210 A.D.3d 1108

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Neil J. Firetog, J.), rendered February 5,

178 N.Y.S.3d 783

2016, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was charged with, inter alia, murder in the second degree in connection with a shooting, which occurred in Brooklyn on August 24, 2012. At trial, the People presented evidence that the defendant aimed a gun in the direction of a group of boys in a rival gang and fired the weapon three times, striking and killing one of those boys. The People also presented evidence of the defendant's statements to friends that his "family" was being threatened by the rival gang and he was his gang's "only protection." After the shooting, the defendant threw his gun into the bushes and fled to Maryland, where he was subsequently apprehended. Following trial, the jury found

the defendant guilty of murder in the second degree and criminal possession of a weapon in the second degree.

There is no merit to the defendant's contention that the Supreme Court violated its obligations under CPL 310.30 and his right to be present when the court was responding to a portion of a...

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2 cases
  • People v. Kazimer
    • United States
    • New York Supreme Court Appellate Division
    • November 30, 2022
    ...he faced a sentence of imprisonment if he failed to comply with the terms of the plea agreement, upon its finding that the defendant 178 N.Y.S.3d 782 failed to comply, the court was within its discretion in imposing a term of imprisonment of 1 to 3 years (see People v. Mays, 181 A.D.3d at 8......
  • People v. Johns
    • United States
    • New York Court of Appeals
    • March 1, 2023
    ...Opinion MOTION DECISION Rivera, J. Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 2d Dept: 210 A.D.3d 1108 (Kings) ...

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