PEOPLE v. JOHNSON


287 A.D.2d 651 (2001)

732 N.Y.S.2d 22

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

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

Decided October 22, 2001.


Ordered that the judgment is affirmed.

We agree with the defendant's contention that the Supreme Court erred in permitting the People to introduce a portion of her testimony from an earlier trial as evidence of flight. Although evidence of flight may be admitted to raise an inference of guilt even where it is ambiguous and does not exclude every possible innocent motive (see, People v Yazum, 13 N.Y.2d 302, 304; People...

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