People v. Johnson, 96 N.E.3d 209, 73 N.Y.S.3d 113, 31 N.Y.3d 942 (2018)

March 22, 2018 · New York Court for the Correction of Errors · No. 21

96 N.E.3d 209, 73 N.Y.S.3d 113, 31 N.Y.3d 942

The PEOPLE of the State of New York, Respondent,
v.
Michael JOHNSON, Appellant.

No. 21

Court of Appeals of New York.

Decided March 22, 2018

Michael Johnson, pro se, and Appellate Advocates, New York City (De Nice Powell and Lynn W.L. Fahey of counsel), for Michael Johnson, appellant.

Richard A. Brown, District Attorney, Kew Gardens (Nancy Fitzpatrick Talcott, Robert J. Masters and Joseph N. Ferdenzi of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be affirmed.

Defendant Michael Johnson appeals from the Appellate Division order affirming two judgments of conviction and sentence. On the facts of this case, assuming without deciding that the trial court erroneously denied defendant's motion to suppress, any such error was harmless (see People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787 [1975] ). Defendant's other claims of trial error and prosecutorial misconduct are without merit (see CPL 240.50 ; People v. Almodovar, 62 N.Y.2d 126, 133, 476 N.Y.S.2d 95, 464 N.E.2d 463 [1984] ; People v. Davis, 58 N.Y.2d 1102, 1104, 462 N.Y.S.2d 816, 449 N.E.2d 710 [1983] ).

Order affirmed, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.