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PEOPLE v. JOHNSON

186 A.D.2d 60 (1992)

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

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

September 22, 1992

Evidence adduced at trial established that the defendant, along with his accomplices, ambushed their unarmed victim. The ensuing fusilade from the group's automatic weapons resulted in the death of an innocent bystander. This evidence was clearly sufficient to negate beyond any reasonable doubt any theory of justification. The jury was apprised of the unsavory character of some of the People's witnesses, especially that of the intended...

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