People v. Mitchell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s convictions arose out of an incident involving three accomplices. One of the accomplices testified at trial, another could not be found after diligent efforts, and the other was not called to testify by the People. The court granted the defendant’s request for a missing witness charge and failed to draw an inference against the People. Contrary to the defendant’s contention, the trier of fact is not required to draw a negative inference when a missing witness charge is given (see People v Savinon, 100 NY2d 192, 196 [2003]).
The defendant’s contention that there was insufficient…
2Cases cited6 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. RomeroNew York Court of Appeals · 2006
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. SavinonNew York Court of Appeals · 2003
- People v. BesserNew York Court of Appeals · 2001
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3Cited by9 opinions
- People v. WebermanAppellate Division of the Supreme Court of the State of New York · 2015
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2013
- ALLEN, ANTHONY J., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- In re Sherrod H.Appellate Division of the Supreme Court of the State of New York · 2014
- In re Sherrod H.Appellate Division of the Supreme Court of the State of New York · 2014
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