Legal Opinion
People v. Jackson
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 1986PublishedCited by 4 opinions
1Opinion of the Court
— Judgment unanimously reversed, on the law, and new trial granted. Memorandum: It was error for the court to deny defendant’s request for an adverse inference jury instruction where the People failed to call the victim as a witness because she was in Florida. When the prosecution fails to call a witness under its control who would naturally be expected to give favorable testimony and whose testimony would be material and not cumulative, the defendant is entitled to an instruction that the jury may draw an unfavorable inference from the failure to call the witness unless an adequate…
2Cases cited5 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1962
- People v. DillardAppellate Division of the Supreme Court of the State of New York · 1983
- People v. AlamoAppellate Division of the Supreme Court of the State of New York · 1978
- People v. AponteAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by4 opinions
- People v. WileyAppellate Division of the Supreme Court of the State of New York · 1986
- Cato v. Superintendent of the Groveland Correctional FacilityDistrict Court, W.D. New York · 2006
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1986
- People v. HollawayAppellate Division of the Supreme Court of the State of New York · 1987