People v Johnson

People v Johnson 2008 NY Slip Op 05756 [52 AD3d 402] [52 AD3d 402] June 24, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 13, 2008

The People of the State of New York, Respondent,
v
Mark Johnson, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Claudia S. Trupp of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Vincent Rivellese of counsel), for respondent.

Order, Supreme Court, New York County (Arlene R. Silverman, J.), entered on or about May 22, 2007, which denied defendant's CPL 440.20 motion to set aside his sentence, unanimously affirmed.

Defendant has not established that his sentence was "unauthorized, illegally imposed or otherwise invalid as a matter of law" (CPL 440.20 [1]). Most of defendant's present claims are identical to claims that this Court has already rejected on his direct appeal (51 AD3d 508 [2008]). We find those claims to be barred by the doctrine of res judicata (see People v Walker, 265 AD2d 254 [1999], lv denied 94 NY2d 908 [2000]), and without merit in any event. To the extent that defendant raises additional challenges to his sentence, we likewise find them without merit. Concur—Lippman, P.J., Tom, Gonzalez, Buckley and Catterson, JJ.