PEOPLE v. JOHNSON


69 N.Y.2d 339 (1987)

The People of the State of New York, Respondent, v. Samuel Bice Johnson, Appellant.

Court of Appeals of the State of New York.

Decided March 24, 1987.


Attorney(s) appearing for the Case

Laurence T. Sorkin and Anthony Paduano for appellant.

Howard R. Relin, District Attorney (Melvin Bressler of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in Per Curiam opinion; Judge ALEXANDER taking no part.


Per Curiam.

Defendant was convicted of murder in the State of Mississippi and presently awaits execution of a death sentence, which has been temporarily stayed pending decision on his petition for postconviction relief. To advance his efforts to obtain such relief, defendant now seeks reversal of a 1963 New York assault conviction, which was used as an aggravating factor at the sentencing phase of the Mississippi trial.<...

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