People v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Spain, J.P.
The majority of defendant’s contentions on appeal were unpreserved for review by timely objections at trial. However, as defendant asserts that he was deprived of the effective assistance of counsel based primarily on counsel’s failure to advance these issues at trial, we must address them in that context.
First, defendant seeks resentencing, arguing that County Court failed to comply with CPL 400.21 when sentencing him as a second felony offender, thereby depriving him of due process. CPL 400.21 (2) requires that a predicate felony statement be filed by the People and provided to a…
2Cases cited14 opinions
- People v. BeneventoNew York Court of Appeals · 1998
- People v. Lam Lek ChongNew York Court of Appeals · 1978
- People v. GarrowAppellate Division of the Supreme Court of the State of New York · 2010
- People v. DanfordAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PeterkinAppellate Division of the Supreme Court of the State of New York · 2016
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