State of New York v. Johnson

Appellate Division of the Supreme Court of New York

State of New York v. Johnson

204 A.D.2d 188, 612 N.Y.S.2d 26, 1994 N.Y. App. Div. LEXIS 5402

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 19, 1994

StatusPublished

This text of 204 A.D.2d 188 (State of New York v. Johnson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State of New York v. Johnson, 204 A.D.2d 188, 612 N.Y.S.2d 26, 1994 N.Y. App. Div. LEXIS 5402 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered July 21, 1992, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 15 years to life, unanimously affirmed.

Defendant’s request for new counsel, first made on the day of the trial, the attorney having already represented defendant for some nine months commencing with his arrest, was properly denied as a delaying tactic (see, People v Medina, 44 NY2d 199, 208-209). Nor can the court be faulted for defendant’s own outbursts in front of the jury. Contrary to defendant’s argument, these outbursts did not require the court to order a competency hearing for defendant, where neither defense counsel nor the prosecutor requested such a hearing and it was undisputed at sentencing that defendant would be found competent (CPL 730.10; see, People v Greco, 177 AD2d 648, lv denied 79 NY2d 857). Concur—Ellerin, J. P., Asch, Rubin, Nardelli and Williams, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered July 21, 1992, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 15 years to life, unanimously affirmed.

Defendant’s request for new counsel, first made on the day of the trial, the attorney having already represented defendant for some nine months commencing with his arrest, was properly denied as a delaying tactic (see, People v Medina, 44 NY2d 199, 208-209). Nor can the court be faulted for defendant’s own outbursts in front of the jury. Contrary to defendant’s argument, these outbursts did not require the court to order a competency hearing for defendant, where neither defense counsel nor the prosecutor requested such a hearing and it was undisputed at sentencing that defendant would be found competent (CPL 730.10; see, People v Greco, 177 AD2d 648, lv denied 79 NY2d 857). Concur—Ellerin, J. P., Asch, Rubin, Nardelli and Williams, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

204 A.D.2d 188, 612 N.Y.S.2d 26, 1994 N.Y. App. Div. LEXIS 5402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-new-york-v-johnson-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack