Legal Opinion

People v. Schiano

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 1993PublishedCited by 8 opinions

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

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. GonzalezNew York Court of Appeals · 1986
  3. People v. KennedyNew York Court of Appeals · 1986
  4. People v. SandersNew York Court of Appeals · 1982
  5. People v. AndujasNew York Court of Appeals · 1992

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. LewisAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. FisherAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. GayleAppellate Division of the Supreme Court of the State of New York · 2002
  5. 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.

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