People v. Lubrano
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 County Court, Suffolk County (Hinrichs, J.), rendered May 19, 2005, convicting him of criminal contempt in the second degree and resisting arrest, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court correctly denied the defendant’s request for a missing witness charge with respect to a particular uncalled witness because the request, which was made after both sides had rested, was untimely (see People v Simon, 6 AD3d 733 [2004]; People v McCloud, 305 AD2d 428 [2003]). In any event, the defendant failed…
2Cases cited13 opinions
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- People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2001
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2000
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