People v. Johnston

Appeal from a judgment of the County Court of Tioga County (Sgueglia, J.), rendered October 18, 2004, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

In October 2003, following the shooting death of his cousin, defendant and three others went to the home of a man who was believed to have been present at the time of the shooting. When they arrived, they entered the home, struck the man and took firearms. In December 2003, defendant was charged in an indictment with burglary in the first degree, robbery in the first degree and grand larceny in the…