Legal Opinion

People v. Fuqua

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

Decided November 14, 2014Published

1Opinion of the Court

Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered February 25, 2010. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of the crime of murder in the second degree (Penal Law § 125.25 [1]), defendant contends, inter alia, that County Court erred in denying his request for a missing witness charge with respect to an eyewitness. We agree.

Th…

2Cases cited18 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. GonzalezNew York Court of Appeals · 1986
  3. People v. SavinonNew York Court of Appeals · 2003
  4. People v. ArafetNew York Court of Appeals · 2009
  5. People v. MacAnaNew York Court of Appeals · 1994

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