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PEOPLE v. JOHNSON

2018-04417. Ind. No. 97/17.

195 A.D.3d 859 (2021)

145 N.Y.S.3d 844

2021 NY Slip Op 03851

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

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

Decided June 16, 2021.

Attorney(s) appearing for the Case

Gary E. Eisenberg , New City, NY, for appellant.

William V. Grady , District Attorney, Poughkeepsie, NY ( Anna Katharina Diehn of counsel), for respondent.

LaSalle, P.J., Dillon, Iannacci and Christopher, JJ., concur.

Ordered that the judgment is modified, on the law, by vacating the conviction of obstructing governmental administration in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620 [1983]...

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