PEOPLE v. JOHNSON


48 A.D.3d 348 (2008)

851 N.Y.S.2d 536

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

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

Decided February 26, 2008.


The court properly exercised its discretion in denying defendant's application, made after both parties' summations, to reopen the trial to allow testimony of an inmate concerning the chief prosecution witness's alleged admission that he had testified falsely. According to defendant, the alleged admission occurred in the midst of trial, while defendant, the prosecution witness and the proposed defense witness were riding on a Department of Correction bus. Nevertheless, defendant...

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