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PEOPLE v. JOHNSON

2020-00566. Ind. No. 129/18.

197 A.D.3d 725 (2021)

153 N.Y.S.3d 156

2021 NY Slip Op 04763

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

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

Decided August 25, 2021.

Attorney(s) appearing for the Case

Eric Shapiro Renfroe , Forest Hills, NY, for appellant.

William V. Grady , District Attorney, Poughkeepsie, NY ( Kirsten A. Rappleyea of counsel), for respondent.

Chambers, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant's contention that the People failed to present legally sufficient evidence to support his conviction is unpreserved for appellate review (see People v Hawkins, 11 N.Y.3d 484, 492 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v...

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