PEOPLE v. JOHNSON


144 A.D.2d 490 (1988)

The People of the State of New York, Respondent, v. David Johnson, Also Known as David Spencer, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 14, 1988


Ordered that the judgment is affirmed.

In the early morning hours of June 12, 1983, the defendant and a companion approached Bernard Smith on the steps of an abandoned building in the Coney Island section of Brooklyn out of which a "smoke shop" was operated and asked to buy a half ounce of marihuana. Smith knew the defendant from the neighborhood as "Dollar" or "Dave". He did not know the defendant's companion. Following the drug sale and as Smith emerged from a first...

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