People v. Johnson — 89 A.D.3d 863

Majority

p. 863

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

[932 NYS2d 356]

The hearing court properly found that the defendant’s statements to law enforcement officials followed a lawful arrest based

p. 864

upon probable cause (see People v Ramirez-Portoreal, 88 NY2d 99 , 113-114 [1996]; People v Jackson, 65 AD3d 1164 [2009]). Contrary to the defendant’s contention, nothing in the photographic array which led to the complainant’s identification of the defendant impermissibly drew the viewer’s attention to his photograph (see People v Parham, 74 AD3d 1237 , 1238 [2010]; People v Avent, 29 AD3d 601 [2006]; People v Price, 256 AD2d 596 , 597 [1998]).

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 , 621 [1983]), we find that it was legally sufficient to establish his guilt of burglary in the second degree beyond a reasonable doubt (see People v Hammon, 47 AD3d 644 , 644-645 [2008]; People v Washington, 26 AD3d 400 [2006]; People v Murray, 168 AD2d 573 , 573-574 [1990]). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383 , 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490 , 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

Contrary to the defendant’s contention, we also find that counsel provided the defendant with meaningful representation at the pretrial hearing and at sentencing (see People v Baldi, 54 NY2d 137 , 146-147 [1981]; People v Larkins, 10 AD3d 694 [2004]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P, Dillon, Sgroi and Miller, JJ., concur.

Cases cited

People v. Ramirez-Portoreal 88 NY2d 99 N.Y. 1996-05-02 at 113-114 p. 864
People v. Parham 74 AD3d 1237 N.Y. App. Div. 2010-06-22 at 1238 p. 864
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 at 621 p. 864
People v. Hammon 47 AD3d 644 N.Y. App. Div. 2008-01-08 at 644-645 p. 864
People v. Washington 26 AD3d 400 N.Y. App. Div. 2006-02-14 p. 864
People v. Murray 168 AD2d 573 N.Y. App. Div. 1990-12-17 at 573-574 p. 864
People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 p. 864
Middleton v. McNeil 542 US 946 SCOTUS 2004-06-28 p. 864
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 864
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 864
People v. Baldi 54 NY2d 137 N.Y. 1981-10-29 at 146-147 p. 864
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 864