People v. Johnson

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing in accordance with the following Memorandum: Defendant was convicted after a jury trial of attempting to murder his wife by stabbing her. The police were dispatched to their home in Rochester shortly after midnight on New Year’s Day in 1997 upon receipt of a hang-up 911 call. When the police arrived, they heard the victim’s cries for help and forced their way into the house. Defendant was apprehended as he attempted to escape out the back door from the basement. The victim…