People v. Nelson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that County Court erred in refusing his request for a missing witness charge. Defendant failed to meet his burden to establish that the unidentified individual could be expected to give non-cumulative testimony favorable to the People or that the witness was otherwise under their control (see, People v Kitching, 78 NY2d 532, 536; People v Gonzalez, 68 NY2d 424, 427-428; see also, People v Dianda, 70 NY2d 894, rearg denied 71 NY2d 890; People v McKnight, 179 AD2d 996, lv denied 79 NY2d 1004; People v Robinson, 174…
2Cases cited7 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. GainesNew York Court of Appeals · 1989
- People v. KitchingNew York Court of Appeals · 1991
- People v. DiandaNew York Court of Appeals · 1987
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1991
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. BoxAppellate Division of the Supreme Court of the State of New York · 2016
- People v. EarlyAppellate Division of the Supreme Court of the State of New York · 1999
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MoyerAppellate Division of the Supreme Court of the State of New York · 1997
- BOX, BRANDON W., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
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