Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided October 5, 1998PublishedCited by 6 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered September 20, 1996, convicting him of attempted murder in the second degree (two counts) and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, he was not entitled to a missing witness charge. The defendant did not make the requisite prima facie showing that the uncalled witness was knowledgeable about a material issue in the case, that he would be expected to testify…
2Cases cited3 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. GonzalezNew York Court of Appeals · 1986
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by6 opinions
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 2000
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1999
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2001
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2000
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2001
1 more not listed; retrieve them via the Exa API.