Legal Opinion
People v. Savinon
New York Court of Appeals
Decided June 5, 2003PublishedCited by 191 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
In this prosecution for forcible rape and related crimes, we address the components of the adverse inference instruction dealing with “uncalled” or “missing” witnesses. The precise question presented is whether the trial court improperly granted the People’s request for an adverse inference instruction after defendant failed to produce his friend and former employee, the only witness to the crimes charged. We conclude that the court’s instruction was proper, and therefore affirm defendant’s conviction.
L
For several months before the alleged attack, defendant…
2Cases cited17 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- Graves v. United StatesSupreme Court of the United States · 1893
- People v. GeraciNew York Court of Appeals · 1995
- People v. De JesusNew York Court of Appeals · 1977
- People v. MacAnaNew York Court of Appeals · 1994
12 more not listed; retrieve them via the Exa API.
3Cited by191 opinions
- People v. HandyNew York Court of Appeals · 2013
- People v. HallNew York Court of Appeals · 2011
- People v. McCotteryAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MyersAppellate Division of the Supreme Court of the State of New York · 2011
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2005
186 more not listed; retrieve them via the Exa API.