PEOPLE v. JOHNSON


35 A.D.3d 885 (2006)

828 N.Y.S.2d 431

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL JOHNSON, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 26, 2006.


Ordered that the judgment is affirmed.

In the course of a June 7, 2002 bank robbery attempt, the defendant possessed a loaded shotgun and briefly took a hostage. On appeal, he argues, inter alia, that portions of the court's charge to the jury were improper, and that the merger doctrine applies in this case.

The defendant's contention that the trial court's instructions to the jury mistakenly created the impression that the burden of proof rested with the...

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