People v. Jeffries
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed and defendant remanded to Supreme Court, Monroe County, for resentencing, in accordance with the following memorandum: The court properly refused to give a missing witness charge because Mr. Pepsin’s testimony would have been cumulative of the testimony of the arresting officer and Mr. Much’s testimony would not have been favorable to the People (see, People v Gonzalez, 68 NY2d 424). The court was not required to charge the "moral certainty” standard because the People’s case did not depend entirely upon circumstantial evidence…
2Cases cited6 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. BarnesNew York Court of Appeals · 1980
- People v. WombleAppellate Division of the Supreme Court of the State of New York · 1985
- People v. LambertAppellate Division of the Supreme Court of the State of New York · 1986
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by7 opinions
- People v. PowellAppellate Division of the Supreme Court of the State of New York · 2012
- People v. MichallowAppellate Division of the Supreme Court of the State of New York · 1994
- People v. QuigleyAppellate Division of the Supreme Court of the State of New York · 2010
- People v. CurryAppellate Division of the Supreme Court of the State of New York · 2012
- People v. EchlinAppellate Division of the Supreme Court of the State of New York · 1992
2 more not listed; retrieve them via the Exa API.