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PEOPLE v. JOHNSON

1244/20 KA 17-00529.

211 A.D.3d 1633 (2022)

180 N.Y.S.3d 789

2022 NY Slip Op 07407

The People of the State of New York, Respondent, v. Ronald K. Johnson, Defendant-Appellant.

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

Decided December 23, 2022.

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 and Winslow, JJ.

Appeal from a judgment of the Monroe County Court (Vincent M. Dinolfo, J.), rendered April 7, 2016. The judgment convicted defendant, upon his plea of guilty, of rape in the second degree. The judgment was affirmed by order of this Court entered April 30, 2021 (193 A.D.3d 1429 [2021]), and defendant on August 23, 2021, was granted leave to appeal to the Court of Appeals from the order of this Court (37 N.Y.3d 993 [2021]), and the Court of Appeals on November 17, 2022 reversed...

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