Legal Opinion

People v. Smith

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

Decided March 8, 1996PublishedCited by 6 opinions

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

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. GonzalezNew York Court of Appeals · 1986
  3. People v. MacAnaNew York Court of Appeals · 1994
  4. People v. BrownNew York Court of Appeals · 1974
  5. People v. DillardAppellate Division of the Supreme Court of the State of New York · 1983

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3Cited by6 opinions

  1. People v. VanhoesenAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. TrotmanAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. KouraniAppellate Division of the Supreme Court of the State of New York · 1998

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