Fourth Department - Presentence report: People v. Johnson

Daily Record Staff//June 24, 2026//

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

Presentence report — Erroneous information — Second Felony offender

KA 22-01805

Appealed from Supreme Court, Monroe County

Background: The defendant appealed from his conviction of criminal possession of a weapon. He argues that he is not a second felony offender and the court should have issued a directive that all such inaccurate information contained in his presentence report be redacted from all copies thereof.

Ruling: The Appellate Division directed the PSR to be redacted. The court noted that defense counsel stated that he had no objection to the content of the PSR and it was confirmed that the defendant was not a second felony offender, the failure to redact erroneous information from the PSR creates an unjustifiable risk of future adverse effects to a defendant in other contexts.

Jane I. Yoon, of the public defender’s office, for the defendant-appellant; Aeron Schwallie, of the district attorney’s office, for the respondent.

Submitted