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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1991
177 A.D.2d 711 (N.Y. App. Div. 1991)

Summary

In People v. Johnson, 177 A.D.2d 711, 712, 576 N.Y.S.2d 1015, 1015 (2d Dep't 1991), the Appellate Division identified several claims (the conduct of a conference in Johnson's absence, prosecutorial misconduct in the opening and summation, and the ruling that Johnson was a persistent felony offender) and decided each of those claims on its merits.

Summary of this case from Rudenko v. Costello

Opinion

November 25, 1991

Appeal from the Supreme Court, Kings County (Hellenbrand, J.).


Ordered that the judgment is affirmed.

On appeal the defendant contends that certain remarks made by the prosecutor in her opening address and summation deprived him of a fair trial, that his due process rights were violated when the court conducted the charge conference in his absence, and that he was improperly adjudicated a persistent violent felony offender. We disagree.

We find that the defendant's claims of error with respect to several of the prosecutor's comments are unpreserved for appellate review (CPL 470.05; People v. Medina, 53 N.Y.2d 951, 953). In any event, we find that the prosecutor's opening remarks merely presented to the jury the facts she expected to prove at trial and the evidence she planned to introduce (see, People v Williams, 160 A.D.2d 627; People v. Kurtz, 51 N.Y.2d 380, cert denied 451 U.S. 911). Furthermore, the prosecutor's summation constituted fair comment on the evidence and a fair response to the defendant's summation (People v. Saylor, 115 A.D.2d 671).

The defendant was not deprived of his due process rights when the court conducted the charge conference in his absence (see, People v. Velasco, 77 N.Y.2d 469).

Finally, we find that the defendant was properly adjudicated a persistent violent felony offender. Eiber, J.P., Rosenblatt, O'Brien and Ritter, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1991
177 A.D.2d 711 (N.Y. App. Div. 1991)

In People v. Johnson, 177 A.D.2d 711, 712, 576 N.Y.S.2d 1015, 1015 (2d Dep't 1991), the Appellate Division identified several claims (the conduct of a conference in Johnson's absence, prosecutorial misconduct in the opening and summation, and the ruling that Johnson was a persistent felony offender) and decided each of those claims on its merits.

Summary of this case from Rudenko v. Costello
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CONNIE JOHNSON…

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

Date published: Nov 25, 1991

Citations

177 A.D.2d 711 (N.Y. App. Div. 1991)

Citing Cases

Rudenko v. Costello

In an order dated March 29, Judge Trager denied the petition of Johnson, adopting the State's arguments and…