Legal Opinion

People v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 2007PublishedCited by 11 opinions

1Opinion of the CourtSpain, J.

Appeals (1) from a judgment of the Supreme Court (Lamont, J.), rendered May 7, 2003 in Albany County, upon a verdict convicting defendant of the crime of burglary in the second degree, and (2) by permission, from an order of said court, entered December 5, 2003 in Albany County, which denied defendant’s motion pursuant to CPL 440.10 and 440.20 to vacate the judgment and set aside the sentence, without a hearing.

Following a jury trial, defendant was convicted of burglary in the second degree stemming from his unlawful daytime entry into an apartment in the City of Albany in September 1998. The…

2Cases cited16 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. People v. BleakleyNew York Court of Appeals · 1987
  3. People v. RomeroNew York Court of Appeals · 2006
  4. People v. BroadieNew York Court of Appeals · 1975
  5. People v. LewisNew York Court of Appeals · 2005

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3Cited by11 opinions

  1. People v. OstranderAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. OliverasAppellate Division of the Supreme Court of the State of New York · 2022
  3. People v. CoreyAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. CoreyAppellate Division of the Supreme Court of the State of New York · 2021
  5. Cortes v. GonyeaDistrict Court, S.D. New York · 2025

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