Legal Opinion

People v. Moxley

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

Decided February 7, 1997PublishedCited by 1 opinion

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

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. RodriguezNew York Court of Appeals · 1992
  3. People v. BachertNew York Court of Appeals · 1987
  4. People v. HughesAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. People ex rel. Moxley v. ZonAppellate Division of the Supreme Court of the State of New York · 2006

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