PEOPLE v. JOHNSON


89 N.Y.2d 905 (1996)

675 N.E.2d 1217

653 N.Y.S.2d 265

The People of the State of New York, Respondent, v. Anthony Johnson, Also Known as Barry Wilson, Also Known as Barry Williams, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1996.


Attorney(s) appearing for the Case

John Gemmill, New York City, and Daniel L. Greenberg for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Gary Casimir and Joseph Ferdenzi of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be modified by vacating defendant's plea to the offense of criminal sale of a controlled substance in the third degree and the case remitted to Supreme Court for further proceedings on indictment No. 2545/91 and, as so modified, affirmed.

After being convicted of two counts of attempted aggravated assault and other crimes under one indictment, defendant pleaded...

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