People v Johnson |
2021 NY Slip Op 01864 [192 AD3d 603] |
March 25, 2021 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York,
Respondent, v Robert Johnson, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Claudia Trupp of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.
Judgment, Supreme Court, New York County (Ann E. Scherzer, J. at plea; Ellen N. Biben, J.
at sentencing), rendered April 16, 2019, convicting defendant, upon his plea of guilty, of robbery
in the third degree and criminal possession of a weapon in the third degree, and sentencing him,
as a second felony offender, to concurrent terms of 2
The People, in the exercise of their broad prosecutorial discretion, have agreed that the weapon charge should be dismissed under the particular circumstances of this case and in light of recent legislation amending Penal Law § 265.01 to effectively decriminalize the simple possession of gravity knives, notwithstanding that this amendment does not apply retroactively. We find it unnecessary to reach any other issues (see People v Caviness, 176 AD3d 522 [1st Dept 2019], lv denied 34 NY3d 1076 [2019]).
We perceive no basis for reducing the remaining sentence. Concur—Manzanet-Daniels, J.P., Kern, Moulton, Shulman, JJ.