Legal Opinion

People v. Foust

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

Decided April 26, 1993PublishedCited by 10 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered May 4, 1989, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was convicted of a gunpoint robbery of a Brooklyn clothing store. On appeal, he argues that the court erred in refusing to give a missing witness charge as to a store employee who was present during the crime. However, the People demonstrated that despite their diligent efforts, they were unable to locate this witness. Since the…

2Cases cited8 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. RiveraNew York Court of Appeals · 1988
  3. People v. GonzalezNew York Court of Appeals · 1986
  4. Perry v. LeekeSupreme Court of the United States · 1989
  5. People v. EnriqueAppellate Division of the Supreme Court of the State of New York · 1991

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. DanielsAppellate Division of the Supreme Court of the State of New York · 2006
  2. In re Stephone M.H.Appellate Division of the Supreme Court of the State of New York · 2004
  3. People v. LembhardAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. FosterAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1999

5 more not listed; retrieve them via the Exa API.

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