PEOPLE v. JOHNSON


60 A.D.3d 425 (2009)

875 N.Y.S.2d 13

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

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

Decided March 5, 2009.


Defendant did not preserve his challenge to the sufficiency of the evidence concerning the use of force, and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. One of defendant's accomplices used extensive force against the victim, to a degree that was more than enough to satisfy the statute (see Penal Law § 160.00).

Defendant's objection to the receipt in evidence of a nontestifying codefendant...

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