People v. Ronchi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant was convicted of criminal sale of marihuana in the third degree (Penal Law § 221.45). The undercover investigator who purchased the marihuana testified that his confidential informant was present when the sale was made. The infor*892mant was not called as a witness. Defendant testified that he did not commit the crime, and he presented an alibi defense.
Defendant requested a "missing witness” charge concerning the failure of the People to call the informant. The court erroneously denied the request. Defendant…
2Cases cited5 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GonzalezNew York Court of Appeals · 1986
- People v. RodriguezNew York Court of Appeals · 1975
- People v. BrownNew York Court of Appeals · 1974
- People v. DillardAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by6 opinions
- People v. VanhoesenAppellate Division of the Supreme Court of the State of New York · 2006
- People v. RobertsonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2004
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1990
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1996
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