People v. Johnson

Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered March 25, 2002. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict, of murder in the second degree (Penal Law § 125.25 [1]). We reject defendant’s contention that reversal is required based on County Court’s refusal to give a circumstantial evidence charge. Where, as here, the proof at trial…