People v. Moxley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment affirmed. Memorandum: County Court properly denied defendant’s motion to suppress the identification testimony of a prosecution witness. That witness knew defendant and thus had an independent basis for her in-court identification of him (see, People v Rodriguez, 79 NY2d 445, 450-452; People v Hughes, 136 AD2d 916).
Defendant argues that the court’s charge to the jury was incomplete concerning a defense witness who on cross-examination on collateral issues invokes his right to remain silent (see, 1 CJI[NY] 7:14, at 289). By failing to object to the charge as given or to request a…
2Cases cited4 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. RodriguezNew York Court of Appeals · 1992
- People v. BachertNew York Court of Appeals · 1987
- People v. HughesAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by1 opinion
- People ex rel. Moxley v. ZonAppellate Division of the Supreme Court of the State of New York · 2006