Legal Opinion
People v. Tate
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1993PublishedCited by 8 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered December 17, 1991, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court’s refusal to give a missing witness charge with respect to the People’s failure to call Officer Esposito to testify was proper. The People established that Officer Esposito’s testimony would not have contradicted or added to that of the other witnesses, and therefore, would have been cumulative (see, People v Almodovar, 62 NY2d 126;…
2Cases cited3 opinions
- People v. AlmodovarNew York Court of Appeals · 1984
- People v. BucklerNew York Court of Appeals · 1976
- People v. PorterAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by8 opinions
- People v. LaboyAppellate Division of the Supreme Court of the State of New York · 1994
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1994
- People v. GallardoAppellate Division of the Supreme Court of the State of New York · 2009
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2001
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 1999
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