Legal Opinion
People v. Chery
Appellate Terms of the Supreme Court of New York
Decided February 13, 2002Published
1Opinion of the Court
*19OPINION OF THE COURT
Memorandum.
Judgments of conviction unanimously reversed on the law and facts, and as a matter of discretion in the interest of justice, and accusatory instruments dismissed.
In this case, a sharp factual dispute was presented between the testimony of one of two arresting officers and that of the defendant. Defense counsel made a timely request for a missing witness charge as to the failure of the People to produce the second arresting officer. After hearing argument, and based on the assertions of the prosecutor, who allegedly spoke to the second officer at home, the court…
2Cases cited14 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. FlynnNew York Court of Appeals · 1992
- Pearl Street Development Corp. v. Conduit & Foundation Corp.New York Court of Appeals · 1976
- People v. BucklerNew York Court of Appeals · 1976
- People v. FieldsNew York Court of Appeals · 1990
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