People v. Johnson
| Citation | 110 A.D.3d 920,972 N.Y.S.2d 699,2013 N.Y. Slip Op. 06709 |
| Parties | The PEOPLE, etc., respondent, v. Ronnie A. JOHNSON, appellant. |
| Decision Date | 16 October 2013 |
| Court | New York Supreme Court Appellate Division |
110 A.D.3d 920
972 N.Y.S.2d 699
2013 N.Y. Slip Op. 06709
The PEOPLE, etc., respondent,
v.
Ronnie A. JOHNSON, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Oct. 16, 2013.
[972 N.Y.S.2d 700]
Lynn W.L. Fahey, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Deborah E. Wassel of counsel), for respondent.
PETER B. SKELOS, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, and ROBERT J. MILLER, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered January 3, 2012, convicting him of robbery in the third degree, burglary in the third degree, criminal mischief in the third degree, and possession of burglar's tools, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is modified, on the facts, by vacating the conviction of robbery in the third degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of robbery in the third degree beyond a reasonable doubt ( seePenal Law § 160.05).
Nevertheless, upon the exercise of our factual review power ( seeCPL 470.15 [5] ), we find the conviction of robbery in the third degree to be against the weight of the evidence. It is undisputed that the defendant entered a commercial warehouse owned by the complainants in order to steal property. While the defendant was in the warehouse, the complainants entered the warehouse. The defendant, upon hearing them enter, hid behind a door, and placed on the floor a crowbar and screwdriver he had brought with him. When the complainants noticed the defendant, he came out from behind the door and stood looking at them. The complainants testified that the defendant had his right hand in his jacket pocket, creating a bulge, which they believed might have been a weapon. When the complainants told the defendant to leave, he fled, taking with him a backpack which contained property he took from the warehouse. The defendant testified that he had his hand in his pocket because, with his thoughts on escaping, he was holding onto his car keys so that they would not fall out of his shallow pocket.
To convict the defendant of robbery in the third degree, the People were required...
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...N.E.3d 915986 N.Y.S.2d 420Peoplev.Ronnie JohnsonCourt of Appeals of New YorkApril 04, 2014 OPINION TEXT STARTS HERE 2d Dept.: 110 A.D.3d 920, 972 N.Y.S.2d 699 (Queens)Abdus-Salaam, J. ...