People v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Supreme Court erred in refusing to give a missing witness charge. In light of the overwhelming evidence against defendant, however, such error is harmless; there is no significant probability that the jury *810would have otherwise acquitted defendant (see, People v Fields, 76 NY2d 761; People v Crimmins, 36 NY2d 230, 242).
The contention of defendant that he was entitled to a mistrial due to the prosecutor’s reference to defendant’s parole violation hearing is without merit. Although the prosecutor’s single reference to defendant’s parole hearing was…
2Cases cited10 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GloverNew York Court of Appeals · 1982
- People v. SantiagoNew York Court of Appeals · 1981
- People v. SatloffNew York Court of Appeals · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. MoodyAppellate Division of the Supreme Court of the State of New York · 1996
- People v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1996
- People v. CovingtonAppellate Division of the Supreme Court of the State of New York · 2002
- People v. HuntleyAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BooseAppellate Division of the Supreme Court of the State of New York · 1996
3 more not listed; retrieve them via the Exa API.