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People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2005
14 A.D.3d 434 (N.Y. App. Div. 2005)

Opinion

5156

January 25, 2005.

Judgment, Supreme Court, New York County (Bernard J. Fried, J.), rendered April 3, 2003, convicting defendant, after a jury trial, of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of 7½ years, unanimously affirmed.

Before: Tom, J.P., Andrias, Saxe, Marlow and Nardelli, JJ.


The court properly precluded defendant from establishing that, in response to a pedigree question during arrest processing, he stated that he was left-handed. This constituted hearsay, offered for its truth, and there was no applicable hearsay exception ( see People v. Reynoso, 73 NY2d 816, 819). To the extent that defendant is raising a constitutional claim, such claim is unpreserved and without merit. While defendant claims that his alleged left-handedness was material to his defense, there was nothing to prevent him from offering competent evidence on that subject.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2005
14 A.D.3d 434 (N.Y. App. Div. 2005)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES JOHNSON…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 25, 2005

Citations

14 A.D.3d 434 (N.Y. App. Div. 2005)
788 N.Y.S.2d 360

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