People v. Early
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that his conviction is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). We likewise *882reject defendant’s contention that Supreme Court erred in refusing to give a missing witness charge. The testimony of those witnesses would have been cumulative (see, People v Gonzalez, 68 NY2d 424, 428; People v Cooper, 197 AD2d 861, lv denied 82 NY2d 892; People v Nelson, 186 AD2d 1068, lv denied 81 NY2d 764). In any event, any error in the court’s failure to give that charge is harmless (see,…
2Cases cited12 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GonzalezNew York Court of Appeals · 1986
- People v. BallsNew York Court of Appeals · 1986
- People v. RubinAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by4 opinions
- People v. FigginsAppellate Division of the Supreme Court of the State of New York · 2010
- People v. WellsbyAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BlakeAppellate Division of the Supreme Court of the State of New York · 2000
- People v. CalderonAppellate Division of the Supreme Court of the State of New York · 2001