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PEOPLE v. JOHNSON

1244 KA 17-00529.

193 A.D.3d 1429 (2021)

147 N.Y.S.3d 823

2021 NY Slip Op 02702

The People of the State of New York, Respondent, v. Ronald K. Johnson, Appellant. (Appeal No. 1.)

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

Decided April 30, 2021.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( BENJAMIN L. NELSON OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( KAYLAN PORTER OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Peradotto, NeMoyer, Winslow and DeJoseph, JJ.

It is hereby ordered that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed and the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of rape in the second degree (Penal Law § 130.30[1]) in full satisfaction of a two-count indictment charging him with rape in the first degree under section 130.35(2) and rape in the second degree under section 130.30(1). Defendant contends...

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