People v. Johnson, 94 A.D.3d 1408 (N.Y. App. Div. 2012). · Go Syfert
People v. Johnson, 94 A.D.3d 1408 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Brown (nyappdiv, 2025-07-25)
Top citers, strongest first. 9 distinct citers.
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2025 · confidence medium
Evidence that defendant was aware both that he was breaking into the home of a known drug dealer and that one of his codefendants possessed a handgun is legally sufficient to sustain the conviction of criminal possession of a weapon in the second degree (§ 265.03 [3]) inasmuch as " 'defendant's conduct showed that he was aware that his codefendant possessed a [gun]' and that he intentionally aided the [male] codefendant in that possession" ( People v Johnson , 94 AD3d 1408, 1409 [4th Dept 2012], lv denied 19 NY3d 998 [2012]).
discussed Cited as authority (rule) People v. Young
N.Y. App. Div. · 2022 · confidence medium
They never found that gun." We conclude that the totality of the evidence concerning defendant's behavior before, during, and after the incident is sufficient to establish that defendant intentionally aided the codefendant to possess the weapon used in the shooting ( see People v Johnson , 94 AD3d 1408, 1409 [4th Dept 2012], lv denied 19 NY3d 998 [2012]; see generally People v Allah , 71 NY2d [*2]830, 831-832 [1988]) and that the jury could have reasonably concluded that defendant and the codefendant shared "a common purpose and a collective objective" ( People v Cabey , 85 NY2d 417, 422 [1995…
cited Cited as authority (rule) People v. Bursey
N.Y. App. Div. · 2017 · confidence medium
In any event, we conclude that defendant’s contention is without merit (see People v Johnson, 94 AD3d 1408, 1409 [4th Dept 2012], lv denied 19 NY3d 998 [2012]).
discussed Cited as authority (rule) People v. Carpenter
N.Y. App. Div. · 2016 · confidence medium
Viewing the evidence in the light most favorable to the prosecution, and giving it the benefit of every reasonable inference to be drawn therefrom (see People v Ramos, 19 NY3d 133, 136 [2012]), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the defendant solicited, requested, commanded, importuned, or intentionally aided the individual who engaged in conduct which constituted the offense of criminal possession of a weapon in the second degree (see Penal Law § 20.00; People v Ekwegbalu, 131 AD3d 982, 983 [2015]; People v Pressley, 115 AD3d 991, 992 [2014];…
discussed Cited as authority (rule) People v. Carpenter
N.Y. App. Div. · 2016 · confidence medium
Viewing the evidence in the light most favorable to the prosecution, and giving it the benefit of every reasonable inference to be drawn therefrom (see People v Ramos, 19 NY3d 133, 136 [2012]), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the defendant solicited, requested, commanded, importuned, or intentionally aided the individual who engaged in conduct which constituted the offense of criminal possession of a weapon in the second degree (see Penal Law § 20.00; People v Ekwegbalu, 131 AD3d 982, 983 [2015]; People v Pressley, 115 AD3d 991, 992 [2014];…
discussed Cited as authority (rule) People v. Pressley
N.Y. App. Div. · 2014 · confidence medium
In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish, beyond a reasonable doubt, the defendant’s guilt of the crime of criminal possession of a weapon in the second degree, under an acting-in-concert theory (see People v Johnson, 94 AD3d 1408, 1409 [2012]; People v Christie, 55 AD3d 341 [2008]; People v Martinez, 8 AD3d 8 [2004]).
discussed Cited as authority (rule) People v. Pressley
N.Y. App. Div. · 2014 · confidence medium
In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish, beyond a reasonable doubt, the defendant’s guilt of the crime of criminal possession of a weapon in the second degree, under an acting-in-concert theory (see People v Johnson, 94 AD3d 1408, 1409 [2012]; People v Christie, 55 AD3d 341 [2008]; People v Martinez, 8 AD3d 8 [2004]).
discussed Cited as authority (rule) People v. Snyder
N.Y. App. Div. · 2012 · confidence medium
Because “the evidence at trial is legally sufficient to support the conviction, defendant’s further contention that the evidence presented to the grand jury was legally insufficient is not reviewable on appeal” (People v Brown, 96 AD3d 1561, 1562 [2012]; see CPL 210.30 [6]; People v Johnson, 94 AD3d 1408, 1409 [2012], lv denied 19 NY3d 998 [2012]).
discussed Cited as authority (rule) People v. Snyder
N.Y. App. Div. · 2012 · confidence medium
Because “the evidence at trial is legally sufficient to support the conviction, defendant’s further contention that the evidence presented to the grand jury was legally insufficient is not reviewable on appeal” (People v Brown, 96 AD3d 1561, 1562 [2012]; see CPL 210.30 [6]; People v Johnson, 94 AD3d 1408, 1409 [2012], lv denied 19 NY3d 998 [2012]).
The People of the State of New York
v.
Timothy J. Johnson
Appellate Division of the Supreme Court of the State of New York.
Apr 20, 2012.
94 A.D.3d 1408
Cited by 11 opinions  |  Published

Appeal from a judgment of the Monroe County Court (Alex R.[*1409] Renzi, J.), rendered March 30, 2006. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the third degree (Penal Law § 265.02 [former (4)]). Contrary to defendant’s contention, the evidence is legally sufficient to support the conviction (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Defendant was charged as an accomplice (see § 20.00) and, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that the evidence is legally sufficient to establish that defendant jointly possessed his codefendant’s loaded firearm (see People v Velasquez, 44 AD3d 412, 412 [2007], lv denied 9 NY3d 1040 [2008]). According to the evidence presented at trial, just prior to the shooting defendant was driving a moped on which the codefendant was a passenger. Immediately before the codefendant fired a shot or shots toward a vehicle, defendant stopped the moped. It may therefore be inferred that defendant was aware that the codefendant had a loaded firearm, and that he aided the codefendant in that possession inasmuch as he stopped the moped in order for the codefendant to be able to line up his target and fire. In addition, defendant’s actions after the shooting further show that he intentionally aided the codefendant in his possession of the loaded firearm. Defendant sped away from the scene of the shooting, swerving past a police vehicle in the process. He ignored the officer’s efforts to stop the moped. Indeed, he drove onto the sidewalk, cut through a parking lot, and tried to maneuver around the police vehicles when the police attempted to block him. We therefore conclude that “defendant’s conduct showed that he was aware that his codefendant possessed a handgun” and that he intentionally aided the codefendant in that possession (People v Santiago, 199 AD2d 290 [1993], lv denied 82 NY2d 930 [1994]; see People v Carney, 18 AD3d 242, 243 [2005], lv denied 5 NY3d 882 [2005]).

Inasmuch as the evidence at trial is legally sufficient, defendant’s challenge to the sufficiency of the evidence before the grand jury is not reviewable on this appeal from the ensuing judgment of conviction (see People v McCullough, 83 AD3d 1438, 1439 [2011], lv denied 17 NY3d 798 [2011]; People v Laws, 41 AD3d 1205, 1206 [2007], lv denied 9 NY3d 991 [2007]). Defendant failed to preserve for our review his further contention that his right of confrontation was violated at the predicate felony[*1410] offender hearing at sentencing (see People v Dennis, 91 AD3d 1277, 1278 [2012]; People v McMillon, 77 AD3d 1375, 1375-1376 [2010], lv denied 16 NY3d 897 [2011]). In any event, contrary to defendant’s contention, the right of confrontation set forth in Crawford v Washington (541 US 36 [2004]) “does not apply at sentencing proceedings” (People v Leon, 10 NY3d 122, 126 [2008] , cert denied 554 US 926 [2008]). Finally, the sentence is not unduly harsh or severe. Present — Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.