People v. Johnson , 716 N.Y.S.2d 330 ( 2000 )


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  • —Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered January 12, 1998, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

    Ordered that the judgment is affirmed.

    Contrary to the defendant’s contention, reversal of his convictions is not warranted as a result of an alleged violation of the Rosario rule (see, People v Haupt, 71 NY2d 929; People v Rosario, 9 NY2d 286). In this regard, the trial court acted within the bounds of its discretion by granting the defendant’s request for an adverse inference charge (see, People v Banch, 80 NY2d 610; People v Wallace, 76 NY2d 953, 955).

    Viewing the evidence in the light most favorable to the prosecution, the evidence was legally sufficient to support the convictions (see, People v Contes, 60 NY2d 620).

    The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are without merit. Santucci, J. P., Sullivan, Friedmann and Smith, JJ., concur.

Document Info

Citation Numbers: 277 A.D.2d 395, 716 N.Y.S.2d 330

Filed Date: 11/20/2000

Precedential Status: Precedential

Modified Date: 1/13/2022