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People v. Johnson

The People of the State of New York v. Rickey Johnson

People v. Johnson, 213 A.D.2d 241 (1995)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
March 16, 1995
Citations
213 A.D.2d 241624 N.Y.S.2d 1231995 N.Y. App. Div. LEXIS 2804

Opinion of the Court

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—Judgment, Supreme Court, New York County (Edward Sheridan, J.), rendered January 8, 1993, convicting defendant, after a jury trial, of attempted burglary in the third degree, and possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4, and 1 year, respectively, unanimously affirmed.

Assuming, arguendo, that the court improperly permitted admission of a 911 tape containing prior consistent statements of a witness who testified at trial where there was no claim of recent fabrication (People v Davis, 44 NY2d 269 , 277; see, People v Nicholson, 168 AD2d 574, 575 , lv denied 77 NY2d 964 ), in light of the overwhelming proof of the defendant’s guilt, the error was harmless (People v Crimmins, 36 NY2d 230 ). Concur—Murphy, P. J., Rosenberger, Rubin, Ross and Tom, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1998: 11999: 12004: 119982026peak 1998 · 1

Relies on it most ⓘ

  1. Pedro Gutierrez v. Michael McGinnis Superintendent, Attica Correctional Facility389 F.3d 300 (2d Cir. 2004)
  2. People v. Gutierrez248 A.D.2d 295 (1998)
  3. People v. Herrall259 A.D.2d 347 (1999)

Most recent

  1. Pedro Gutierrez v. Michael McGinnis Superintendent, Attica Correctional Facility389 F.3d 300 (2d Cir. 2004)
  2. People v. Herrall259 A.D.2d 347 (1999)
  3. People v. Gutierrez248 A.D.2d 295 (1998)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
People v. Crimmins, 326 N.E.2d 787 (N.Y. 1975) 5,242
People v. Nicholson, 168 A.D.2d 574 (1990) 8

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