Legal Opinion

People v. Holiday

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

Decided March 27, 1995PublishedCited by 1 opinion

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered November 24, 1992, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the court erred by denying his request for a missing-witness charge with respect to two *673police officers is without merit. The defendant failed to meet his burden of establishing that the uncalled officers were in a position to have knowledge of a material issue pending in the case (see, People v Lyons, 81 NY2d 753;…

2Cases cited4 opinions

  1. People v. BuckleyNew York Court of Appeals · 1990
  2. People v. LyonsNew York Court of Appeals · 1992
  3. People v. HubbardAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. ReidAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by1 opinion

  1. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1998

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