Legal Opinion
People v. Johnson
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1989PublishedCited by 5 opinions
1Opinion of the Court
— Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The court erred in sentencing defendant to consecutive terms of imprisonment upon conviction for assault in the second degree (Penal Law § 120.05 [2]) and criminal possession of a weapon in the second degree (Penal Law § 265.03) because the two crimes arose out of the same criminal act and defendant’s possession of the weapon was a material element of the assault as charged in the indictment (see, Penal Law § 70.25 [2]; People v Perez, 45 NY2d 204, 210-211; People ex rel. Maurer v…
2Cases cited11 opinions
- People v. RosarioNew York Court of Appeals · 1961
- People v. MartinezNew York Court of Appeals · 1988
- People v. BrathwaiteNew York Court of Appeals · 1984
- People v. DayNew York Court of Appeals · 1989
- People ex rel. Maurer v. JacksonNew York Court of Appeals · 1957
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. KelloggAppellate Division of the Supreme Court of the State of New York · 1994
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1990
- People v. CoxAppellate Division of the Supreme Court of the State of New York · 1998
- People v. JabbarAppellate Division of the Supreme Court of the State of New York · 1990
- People v. RollingAppellate Division of the Supreme Court of the State of New York · 1991