PEOPLE v. JOHNSON (1998)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Derrick JOHNSON, Defendant-Appellant.

Decided: December 08, 1998

Before SULLIVAN, J.P., and ROSENBERGER, WALLACH and MAZZARELLI, JJ.

Vincent Rivellese, for Respondent. Brian J. Kearney, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered February 14, 1996, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672).

The court properly exercised its discretion when it admitted photographs of the crime scene taken from the officer's observation post and with a lens that had the same magnification as the binoculars used by the officer during his observations since they were admitted to demonstrate to the jury the power of the binoculars and how close they made objects appear (see, People v. Rao, 107 A.D.2d 720, 484 N.Y.S.2d 76). The photographs were properly authenticated by the observing officer as well as the photographer, and the jury was clearly made aware that the photographs were taken in daylight whereas the incident occurred at night.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network