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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1986
125 A.D.2d 701 (N.Y. App. Div. 1986)

Opinion

December 31, 1986

Appeal from the Supreme Court, Queens County (Clabby, J.).


Ordered that the judgment is affirmed.

The defendant was not deprived of a fair trial by the opening remarks of counsel which, at worst, hinted that he had committed the uncharged crime of possession of a stolen vehicle at the time of his arrest. These comments were made in good faith as there existed support for them which would have been admissible as necessary background facts to establish a reason for the defendant's arrest and the search which yielded the fruits of the charged crimes (see, e.g., People v. Montanez, 41 N.Y.2d 53; People v. Carswell, 105 A.D.2d 844). Furthermore, any possible error was cured by the court's remarks both prior to the openings and in its charge. Thompson, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1986
125 A.D.2d 701 (N.Y. App. Div. 1986)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES JOHNSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 31, 1986

Citations

125 A.D.2d 701 (N.Y. App. Div. 1986)

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