Fourth Department - Severance: People v. Johnson

Daily Record Staff//April 2, 2025//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Severance — Identity of shooter

KA 16-01899

Appealed from Supreme Court, Monroe County

Background: The defendant appealed from his conviction of criminal possession of a weapon. The conviction arose from two incidents including his possession of a weapon at a tavern to which he was acquitted, and a second incident involving the shooting death of a victim and injuries to another. The proof at trial demonstrated the shell casings matched the earlier incident.

Ruling: The Appellate Division affirmed. The court held that there was no error in denying the defendant’s motion to sever the count arising from the first incident from the counts arising from the second incident as there was proof that the same handgun was used in both offenses and that the identity of the shooting incident was a key issue at trial.

Danielle C. Wild for the defendant-appellant; Ryan P. Ashe, of the district attorney’s office, for the respondent.

Oral argument video