Legal Opinion

People v. Johnson

New York Court of Appeals

Decided January 8, 2013PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Appellate Division correctly held that the resentencing court’s error in allowing defendant to proceed pro se was harmless in these narrow circumstances, where the proceeding involved a single question of law and standby counsel argued that issue on defendant’s behalf (see People v Wardlaw, 6 NY3d 556, 559 [2006]; People v Adams, 52 AD3d 243, 243-244 [1st Dept 2008]).

Defendant’s argument that the People were not entitled to withdraw their consent to a resentence without a period of post-release…

2Cases cited3 opinions

  1. People v. SparberNew York Court of Appeals · 2008
  2. People v. WardlawNew York Court of Appeals · 2006
  3. People v. AdamsAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by9 opinions

  1. People v. BarksdaleAppellate Division of the Supreme Court of the State of New York · 2021
  2. People v. RaghnalAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. CaswellAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. DarwishAppellate Division of the Supreme Court of the State of New York · 2021

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