Legal Opinion

People v. Pierre

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

Decided December 26, 2006PublishedCited by 7 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered May 18, 2004, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that he was deprived of a fair trial because the witnesses to whom the prosecutor referred in her opening statement did not testify is unpreserved for appellate review (see CPL 470.05 [2]; People v Seabrooks, 244 AD2d 514 [1997]). In any event, the claim is without merit. When the prosecution fails to produce a witness referred to in…

2Cases cited5 opinions

  1. People v. De ToreNew York Court of Appeals · 1974
  2. People v. JonesNew York Court of Appeals · 1989
  3. People v. SeabrooksAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. LopezAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by7 opinions

  1. People v. BrambleAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. UmojaAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. McKnightAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. HowardAppellate Division of the Supreme Court of the State of New York · 2008

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