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People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1997
236 A.D.2d 263 (N.Y. App. Div. 1997)

Opinion

February 18, 1997.

Judgment, Supreme Court, New York County (Jay Gold, J.), rendered August 3, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

Before: Wallach, J.P., Rubin, Mazzarelli and Andrias, JJ.


In this case, which featured extensive photographic evidence presented by both sides, the trial court properly exercised its discretion when it declined to permit defendant to introduce into evidence a proof sheet of photographs, which were too small and unclear to have any probative value under the circumstances ( see, People v Hernandez, 227 AD2d 162), and when it refused to grant defendant a continuance, of undetermined length, to secure additional photographic evidence of purely speculative value ( see, People v Foy, 32 NY2d 473). Since the People disclosed their photographic evidence promptly after it came into existence, we reject defendant's argument that the People were in violation of their discovery obligations under CPL article 240.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1997
236 A.D.2d 263 (N.Y. App. Div. 1997)
Case details for

People v. Johnson

Case Details

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

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

Date published: Feb 18, 1997

Citations

236 A.D.2d 263 (N.Y. App. Div. 1997)
653 N.Y.S.2d 579

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