Legal Opinion
People v. Edwards
New York Court of Appeals
Decided February 11, 2010No. 80 SSM 28PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed. Whether a particular request for counsel “is or is not unequivocal is a mixed question of law and fact,” which, if supported by record evidence, is beyond further review by this Court (People v Glover, 87 NY2d 838, 839 [1995]). Such record evidence exists here.
A missing witness charge is warranted for a party’s failure to produce a witness, under its control, where his or her testimony would have been material and noncumulative of other testimony or evidence (see People v Macana, 84 NY2d 173, 177 [1994];…
2Cases cited3 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. MacAnaNew York Court of Appeals · 1994
- People v. GloverNew York Court of Appeals · 1995
3Cited by38 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2016
- People v. TurnerAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ChestnutAppellate Division of the Supreme Court of the State of New York · 2017
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. FaceyAppellate Division of the Supreme Court of the State of New York · 2013
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