People v. Schiano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that the court erred by refusing to give an expanded instruction on the defense of agency (see, 3 CJI[NY] PL 220, at 1753). We disagree. The charge properly conveyed the agency defense to the jury (see, People v Vargas, 135 AD2d 853) and, when read "as *821a whole against the background of the evidence produced at the trial” (People v Andujas, 79 NY2d 113, 118), was adequate.
Defendant was not entitled to a missing witness charge because he failed to show that the witness was "knowledgeable about a material issue pending in the case”…
2Cases cited6 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GonzalezNew York Court of Appeals · 1986
- People v. KennedyNew York Court of Appeals · 1986
- People v. SandersNew York Court of Appeals · 1982
- People v. AndujasNew York Court of Appeals · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1997
- People v. FisherAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GayleAppellate Division of the Supreme Court of the State of New York · 2002
- People v. LovallAppellate Division of the Supreme Court of the State of New York · 2001
3 more not listed; retrieve them via the Exa API.