People v. Johnson
| Decision Date | 28 September 2010 |
| Parties | The PEOPLE, etc., respondent, v. Donnell JOHNSON, appellant. |
| Court | New York Supreme Court — Appellate Division |
76 A.D.3d 1103
The PEOPLE, etc., respondent,
v.
Donnell JOHNSON, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Sept. 28, 2010.
Lynn W.L. Fahey, New York, N.Y. (Chadbourne & Parke LLP [Thomas E. Butler and Robert Kirby], of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Rona I. Kugler of counsel), for respondent.
WILLIAM F. MASTRO, J.P., PETER B. SKELOS, SHERI S. ROMAN, and SANDRA L. SGROI, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered June 14, 2007, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), criminal possession of a controlled substance in the fourth degree, escape in the second degree, and resisting arrest, upon a jury verdict, and imposing a sentence of a determinate term of eight years imprisonment on the conviction of
ORDERED that the judgment is modified, on the law, by providing that the period of postrelease supervision imposed on the convictions of criminal possession of a weapon and the period of postrelease supervision for the crime of criminal possession of a controlled substance shall run concurrently with each rather than consecutively to each other; as so modified, the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly allowed the prosecutor to elicit testimony relating to the defendant's arrest during a police investigation into stolen...
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