Legal Opinion

People v. Castro-Garcia

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

Decided April 15, 1994PublishedCited by 8 opinions

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

  1. People v. GonzalezNew York Court of Appeals · 1986
  2. People v. BrownNew York Court of Appeals · 1987
  3. People v. StokesAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. PetersonAppellate Division of the Supreme Court of the State of New York · 1992
  5. 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

  1. People v. HayesAppellate Division of the Supreme Court of the State of New York · 1999
  2. People v. BenderAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1999
  5. 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.

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