People v. Johnson — 115 A.D.2d 214

Majority

p. 214

Fourth Department,

November, 1985

(November 15, 1985)

The People of the State of New York, Respondent, v Willie James Johnson, Appellant.

Upon remittitur from the Court of Appeals, judgment unanimously affirmed. Memorandum: On remittitur from the Court of Appeals for determination of the facts (CPL 470.40 [21 [b]), we hold that the jury

p. 215

verdict was not against the weight of the evidence. We choose not to exercise our discretion in the interest of justice. Present —Dillon, P. J., Denman, Boomer, O’Donnell and Schnepp, JJ.