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PEOPLE v. JOHNSON

210 A.D.2d 257 (1994)

620 N.Y.S.2d 251

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

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

December 5, 1994

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the sentences imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

The defendant's claims are either unpreserved for review (CPL 470.05 [2]) or without merit in light of the overwhelming evidence of the defendant's guilt and the court's curative charge (see,

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