Legal Opinion
People v. Thomas
New York Court of Appeals
Decided June 4, 2013PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that the trial court erred in prohibiting defendant from making a “missing witness” argument, but that the erifor was harmless.
I
Defendant was charged with criminal sexual act in the fijst degree, criminal contempt and two counts of assault. The complainant was a woman with whom defendant had had a turbulent relationship for several years, and with whom he had three children. In the course of the relationship, the complainant had three times called either 911 or the police to complein that defendant was abusing her physically; the most recent of these…
2Cases cited7 opinions
- People v. ConcepcionNew York Court of Appeals · 2011
- People v. LaFontaineNew York Court of Appeals · 1998
- People v. SavinonNew York Court of Appeals · 2003
- People v. KitchingNew York Court of Appeals · 1991
- People v. RodriguezNew York Court of Appeals · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. WingateAppellate Division of the Supreme Court of the State of New York · 2020
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2015
- People v. PendergraphAppellate Division of the Supreme Court of the State of New York · 2017
- People v. DesjardinsAppellate Division of the Supreme Court of the State of New York · 2014
- People v. CungAppellate Division of the Supreme Court of the State of New York · 2013
7 more not listed; retrieve them via the Exa API.