People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Supreme Court erred in denying defendant’s request for a missing witness charge. Defendant met his initial burden of demonstrating that the uncalled witness, a paid informant who arranged and witnessed the sale of cocaine, was "knowledgeable about a pending material issue and that such witness would be expected to testify favorably to the opposing party” (People v Gonzalez, 68 NY2d 424, 428; see, People v McCune, 210 AD2d 978, lv denied 85 NY2d 864; People v Ronchi, 154 AD2d 891; People v Anderson, 112 AD2d 782; People v Dillard, 96 AD2d 112). The burden then shifted to the People…
2Cases cited8 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GonzalezNew York Court of Appeals · 1986
- People v. MacAnaNew York Court of Appeals · 1994
- People v. BrownNew York Court of Appeals · 1974
- People v. DillardAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by6 opinions
- People v. VanhoesenAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2004
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2006
- People v. TrotmanAppellate Division of the Supreme Court of the State of New York · 2017
- People v. KouraniAppellate Division of the Supreme Court of the State of New York · 1998
1 more not listed; retrieve them via the Exa API.