People v. Jean-Baptiste
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Marrus, J.), rendered April 19, 2004, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in denying his request for a missing-witness charge. The trial court properly denied this request for a missing-witness charge, as the uncalled witness was available to both parties and was not under the control of the People (see People v Gonzalez, 68 NY2d *853424, 428-429 [1986]; People v Lammers, 184…
2Cases cited7 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. GonzalezNew York Court of Appeals · 1986
- People v. AgostoNew York Court of Appeals · 1989
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. FranciscoAppellate Division of the Supreme Court of the State of New York · 2007
- People v. PiedraAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ClasAppellate Division of the Supreme Court of the State of New York · 2008
- People v. DeesAppellate Division of the Supreme Court of the State of New York · 2007
- People v. Brent-PridgenAppellate Division of the Supreme Court of the State of New York · 2008
3 more not listed; retrieve them via the Exa API.