Legal Opinion

People v. Ronchi

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

Decided October 6, 1989PublishedCited by 6 opinions

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

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. GonzalezNew York Court of Appeals · 1986
  3. People v. RodriguezNew York Court of Appeals · 1975
  4. People v. BrownNew York Court of Appeals · 1974
  5. People v. DillardAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by6 opinions

  1. People v. VanhoesenAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. RobertsonAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1996

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