People v. Vasquez
Appellate Division of the Supreme Court of the State of New York
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
- People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
- People v. KitchingNew York Court of Appeals · 1991
- People v. MoultrieAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by9 opinions
- People v. VasquezAppellate Division of the Supreme Court of the State of New York · 2001
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2001
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2002
- People v. TavarezAppellate Division of the Supreme Court of the State of New York · 2001
- People v. CastroAppellate Division of the Supreme Court of the State of New York · 2001
4 more not listed; retrieve them via the Exa API.