Legal Opinion

People v. Lyons

New York Court of Appeals

Decided December 21, 1992PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*754Defendant was arrested in a "buy and bust” street narcotics exchange involving a transactional undercover police officer, backup officers and a designated "arresting officer”. The perpetrator was convicted of a criminal drug sale in the third degree. At trial, defense counsel requested a missing witness instruction to the jury because the designated "arresting officer” was not called to testify by the People.

The Appellate Division correctly concluded that, under the rationale of People v Gonzalez (68 NY2d…

2Cases cited3 opinions

  1. People v. GonzalezNew York Court of Appeals · 1986
  2. People v. HuertasNew York Court of Appeals · 1990
  3. People v. LyonsAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by34 opinions

  1. People v. FranciscoAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. HaynesAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. RadcliffeAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. LudwigAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. MartinAppellate Division of the Supreme Court of the State of New York · 2006

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