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PEOPLE v. JOHNSON

95 N.Y.2d 368 (2000)

740 N.E.2d 1075

718 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. THEODORE JOHNSON, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided October 26, 2000.

Attorney(s) appearing for the Case

Rachel Alstein, New York City, and Lynn W.L. Fahey for appellant-respondent.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (John M. Castellano and Gary Fidel of counsel), for respondent-appellant.

Rebecca J. Fialk, White Plains, Audrey E. Stone, Victoria L. Lutz and Jennifer Brown for Pace Women's Justice Center, amicus curiae.

Gary Muldoon, Rochester, for New York State Association of Criminal Defense Lawyers, amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and ROSENBLATT concur.

OPINION OF THE COURT

WESLEY, J.

On March 7, 1997, defendant Theodore Johnson violently attacked his ex-girlfriend Vanessa Parker as she walked home from the supermarket with her three daughters. Defendant approached Parker and struck her in the back of the head, knocking her against a fence. The baby carriage Parker was wheeling, carrying their child, was also knocked over. Parker's two older children, 7 and 12 years old, immediately began to cry. Defendant...

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