People v. Castro-Garcia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s request for a missing witness charge. Although it was evident from the prosecutor’s voir dire and opening statement that the victim would not testify, defendant did not request a missing witness charge until both sides had rested. Defendant’s request was, therefore, untimely (see, People v Gonzalez, 68 NY2d 424, 427-428; People v Peterson, 188 AD2d 1002, 1003, lv denied 81 NY2d 891).
We reject the contention that defendant was deprived of his right of confrontation when a police officer was permitted to…
2Cases cited9 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. BrownNew York Court of Appeals · 1987
- People v. StokesAppellate Division of the Supreme Court of the State of New York · 1993
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 1992
- People v. SandersAppellate Division of the Supreme Court of the State of New York · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. HayesAppellate Division of the Supreme Court of the State of New York · 1999
- People v. BenderAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1999
- People v. KeetonAppellate Division of the Supreme Court of the State of New York · 1994
3 more not listed; retrieve them via the Exa API.