Legal Opinion
People v. Brooks
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 2009PublishedCited by 8 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered September 7, 2007, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 25 years to life, unanimously affirmed.
The trial court properly denied defendant’s request for a missing witness charge with respect to the victim’s cousin, an eyewitness to the shooting. Contrary to defendant’s contention, the prosecution established that it made diligent but unsuccessful efforts to obtain the witness’s testimony, in that detectives spoke…
2Cases cited5 opinions
- People v. SavinonNew York Court of Appeals · 2003
- People v. MarteAppellate Division of the Supreme Court of the State of New York · 2004
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2006
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2005
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by8 opinions
- People v. CromwellAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HenriquezAppellate Division of the Supreme Court of the State of New York · 2017
- People v. BenjaminAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Arel J.Appellate Division of the Supreme Court of the State of New York · 2016
- People v. LawingAppellate Division of the Supreme Court of the State of New York · 2014
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