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PEOPLE v. JOHNSON

11467. 1585/13.

183 A.D.3d 401 (2020)

123 N.Y.S.3d 596

2020 NY Slip Op 02708

The People of the State of New York, Respondent, v. Brian Johnson, Appellant.

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

Decided May 7, 2020.

Defendant's protestation at trial that the People had not proven "all the essential elements of the charges" was sufficient to preserve the issue on appeal. Even if not preserved, we would review it in the interest of justice. The evidence was not legally sufficient to establish defendant's guilt beyond a reasonable doubt (see People v Delamota, 18 N.Y.3d 107, 113 [2011]). The People failed to prove that defendant knew that the four...

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