Legal Opinion

People v. Fagen

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

Decided April 15, 2015No. 2013-06484Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Berkowitz, J.), rendered June 12, 2013, convicting him of offering a false instrument for filing in the first degree (18 counts) and petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court providently exercised its discretion in declining to give a missing witness instruction to the jury (see People v Savinon, 100 NY2d 192, 196 [2003]; People v Gonzalez, 68 NY2d 424, 427 [1986]). Contrary to the defendant’s contention, the uncalled witnesses’ testimony would…

2Cases cited10 opinions

  1. People v. GonzalezNew York Court of Appeals · 1986
  2. People v. AlfaroNew York Court of Appeals · 1985
  3. People v. SavinonNew York Court of Appeals · 2003
  4. People v. AbrahamNew York Court of Appeals · 2013
  5. The People v. Dwight R. DeLeeNew York Court of Appeals · 2014

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