Legal Opinion

People v. Vasquez

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

Decided May 23, 2000PublishedCited by 9 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered April 8, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.

Defendant’s request for a missing witness charge with respect to a “ghost” officer was properly denied. Defendant failed to make a prima facie showing that this officer was in a position to observe defendant at any time (see, People v Kitching, 78 NY2d 532, 537; People v Moultrie, 267 AD2d 181). On the contrary, the evidence established that…

2Cases cited3 opinions

  1. People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. KitchingNew York Court of Appeals · 1991
  3. People v. MoultrieAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by9 opinions

  1. People v. VasquezAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. TavarezAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. CastroAppellate Division of the Supreme Court of the State of New York · 2001

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