People v. Webb
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lewis, J.), rendered December 22, 1992, convicting him of murder in the second degree, upon a jury verdict, and imposed sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the Supreme Court properly denied his request for a missing witness charge as the witness was essentially a stranger to both parties, equally available to both parties, and the evidence did not clearly demonstrate that he was under the control of one party and hostile to another (see, People v Swinton, 200 AD2d…
2Cases cited13 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. VailsNew York Court of Appeals · 1977
- People v. JordanAppellate Division of the Supreme Court of the State of New York · 1993
- People v. DeLeonAppellate Division of the Supreme Court of the State of New York · 1991
- People v. McDowellAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by4 opinions
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1995
- People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. Understanding AllahAppellate Division of the Supreme Court of the State of New York · 1995
- People v. ValathAppellate Division of the Supreme Court of the State of New York · 2008