People v. Fuqua
Appellate Division of the Supreme Court of the State of New York
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
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GonzalezNew York Court of Appeals · 1986
- People v. SavinonNew York Court of Appeals · 2003
- People v. ArafetNew York Court of Appeals · 2009
- People v. MacAnaNew York Court of Appeals · 1994
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