People v. Johnson
| Decision Date | 10 December 1984 |
| Citation | 482 N.Y.S.2d 563,106 A.D.2d 469 |
| Parties | The PEOPLE, etc., Respondent, v. Robert JOHNSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Mudge, Rose, Guthrie, Alexander & Ferdon, New York City (Frances E. Edwards and Louis O. Montresor, New York City, of counsel), and William E. Hellerstein, New York City, for appellant (one brief filed).
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Shulamit Rosenblum, Brooklyn, and Darrell Fields, New York City, of counsel), for respondent.
Before THOMPSON, J.P., and O'CONNOR, NIEHOFF and BOYERS, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 13, 1981, convicting him of robbery in the first degree (two counts), robbery in the second degree and criminal trespass in the second degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
The prosecutor did not bolster the testimony of his witnesses (see People v. Melendez, 55 N.Y.2d 445, 449 N.Y.S.2d 1324, 434 N.E.2d 1324; People v. Torre, 42 N.Y.2d 1036, 399 N.Y.S.2d 203, 369 N.E.2d 759). Defendant's other claims have not been preserved for review as a matter of law (CPL 470.05, subd. 2) and we decline to address them in the interest of justice.
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Reaves v. Superintendent, 16-cv-2221 (BMC)
...the photo array, there is a presumption that it was unduly suggestive which the prosecution must rebut. See People v. Johnson, 106 A.D.2d 469, 482 N.Y.S.2d 563 (2d Dep't 1984). 2. In the television-inspired view of criminal investigations to which jurors are exposed, prosecutors are often, ......
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People v. Holley
...of suggestiveness" arises from the People's failure to produce the photo array at the suppression hearing (see People v. Johnson, 106 A.D.2d 469, 469, 482 N.Y.S.2d 563 [2d Dept.1984] ). Indeed, the initial Appellate Division case law adopting the presumption of suggestiveness did so with li......
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People v. Scatliffe
...shown to the victims within a week of the robbery gave rise to an inference that the arrays were suggestive (see, People v. Johnson, 106 A.D.2d 469, 482 N.Y.S.2d 563) and that the inference of suggestiveness was not sufficiently rebutted. However, notwithstanding the presumptive suggestiven......
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People v. Holley
...of suggestiveness” arises from the People's failure to produce the photo array at the suppression hearing (see People v. Johnson, 106 A.D.2d 469, 469, 482 N.Y.S.2d 563 [2d Dept.1984] ). Indeed, the initial Appellate Division case law adopting the presumption of suggestiveness did so with li......