From Casetext: Smarter Legal Research

People v. McBride

Appellate Division of the Supreme Court of New York, First Department
May 18, 2000
272 A.D.2d 200 (N.Y. App. Div. 2000)

Opinion

May 18, 2000.

Judgment, Supreme Court, Bronx County (John Stackhouse, J.) rendered July 1, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

David S. Weisel, for respondent.

Solomon J. Schepps, for defendant-appellant.

Before: Williams, J.P., Tom, Mazzarelli, Buckley, JJ.


Defendant's request for a missing witness charge was properly denied. Defendant failed to meet her initial burden of showing that the uncalled police witness overheard a transmission of the drug transaction or that, even if he heard the transmission, he could have been expected to provide material and noncumulative testimony (see, People v. Dianda, 70 N.Y.2d 894;People v. Shaw, 214 A.D.2d 472 lv denied 86 N.Y.2d 802)

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. McBride

Appellate Division of the Supreme Court of New York, First Department
May 18, 2000
272 A.D.2d 200 (N.Y. App. Div. 2000)
Case details for

People v. McBride

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LOLA McBRIDE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 18, 2000

Citations

272 A.D.2d 200 (N.Y. App. Div. 2000)
708 N.Y.S.2d 18

Citing Cases

People v. Smith

Appellate Division decisions placing the burden of demonstrating cumulativeness on the charge's proponent…

People v. Smith

Appellate Division decisions placing the burden of demonstrating cumulativeness on the charge's proponent…