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People v. Johnson
252 A.D.2d 351
N.Y. App. Div.
1998
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—Judgment, Supreme Court, New York County (John Bradley, J.), rendered October 2, 1995, convicting defendant, after a jury trial, of assault in the second degree and two counts of jostling, and sentencing her, as a second violent felony offender, to concurrent prison terms of 2V5 to 5 years, 1 year and 1 year, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Issues concerning credibility and defendant’s intent to prevent a police officer from performing a lawful duty (Penal Law § 120.05 [3]) were properly placed before the jury, and we see no reason to disturb its determinations. There was ample evidence from which the jury could infer defendant’s knowl*352edge that the victim was a police officer, as well as the requisite intent (People v Acosta, 80 NY2d 665).

The challenged portions of the prosecutor’s summation were for the most part directly responsive to defense counsel’s attack on the credibility of the police witnesses (see, People v Overlee, 236 AD2d 133), and there was no pattern of inflammatory remarks or egregious conduct warranting reversal (see, People v D’Alessandro, 184 AD2d 114, lv denied 81 NY2d 884). Concur — Sullivan, J. P., Milonas, Rubin, Williams and Andidas, JJ.

Case Details

Case Name: People v. Johnson
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jul 2, 1998
Citation: 252 A.D.2d 351
Court Abbreviation: N.Y. App. Div.
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