THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBERT JOHNSON, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 06–03763

Decided: April 29, 2011

PRESENT:  SMITH, J.P., CENTRA, PERADOTTO, GORSKI, AND MARTOCHE, JJ. FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (VICTORIA M. WHITE OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Same Memorandum as in People v. Johnson ( [appeal No. 1] _ AD3d _ [Apr. 29, 2011] ).

Patricia L. Morgan

Clerk of the Court