Legal Opinion
People v. Johnson
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2011PublishedCited by 5 opinions
1Opinion of the Court
*908The defendant’s contention that his conviction of unlawful possession of a firearm in the State of California (see Cal Penal Code § 12021 [a]) did not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) is unpreserved for appellate review (see People v Samms, 95 NY2d 52, 57 [2000]). However, we reach the issue in the exercise of our interest of justice jurisdiction (see People v Casey, 82 AD3d 1005 [2011]; People v Horvath, 81 AD3d 850 [2011]; People v Boston, 79 AD3d 1140 [2010]).
As the People correctly concede on appeal, the California penal statute under which…
2Cases cited6 opinions
- People v. SammsNew York Court of Appeals · 2000
- People v. GonzalezNew York Court of Appeals · 1984
- People v. BostonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. CaseyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HorvathAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by5 opinions
- People v. IliffAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SalakoAppellate Division of the Supreme Court of the State of New York · 2018
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2013
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2013
- People v. IliffAppellate Division of the Supreme Court of the State of New York · 2012