Legal Opinion

People v. Rivera

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

Decided April 21, 1998PublishedCited by 7 opinions

1Opinion of the Court

—Judgment, Su*142preme Court, Bronx County (Robert Cohen, J.), rendered June 16, 1995, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 10 years to life, unanimously affirmed.

The court correctly found that defendant was not entitled to a missing witness charge with respect to one of the three eyewitnesses to the robbery, because the uncalled witness was unavailable and because his testimony would have been cumulative. Since this witness identified defendant from a photo array and at a lineup and the…

2Cases cited2 opinions

  1. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. AquinoAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by7 opinions

  1. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. GardineAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. GallardoAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1998
  5. Matter of Arel J.Appellate Division of the Supreme Court of the State of New York · 2016

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