From Casetext: Smarter Legal Research

People v. DiBlasio

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1989
150 A.D.2d 482 (N.Y. App. Div. 1989)

Opinion

May 8, 1989

Appeal from the Supreme Court, Kings County (Kramer, J.).


Ordered that the judgment is affirmed.

Under the facts of this case the court did not improvidently exercise its discretion in denying the defendant's request to produce the confidential informant because the informant's participation in the transactions was minimal (see, People v Lozada, 104 A.D.2d 663). Inasmuch as the People were not obligated to produce the confidential informant, the trial court did not err by denying the defendant's request for a missing witness charge in regard to the confidential informant (cf., People v Dianda, 70 N.Y.2d 894; People v McAvoy, 142 A.D.2d 605, 606).

We also find that the examples used by the court during its supplemental charge on entrapment were intended to illustrate the concepts of that defense and were not prejudicial to the defendant (see, People v Lilly, 139 A.D.2d 671, lv denied 72 N.Y.2d 862). Lastly, the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Brown, J.P., Eiber, Kooper and Balletta, JJ., concur.


Summaries of

People v. DiBlasio

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1989
150 A.D.2d 482 (N.Y. App. Div. 1989)
Case details for

People v. DiBlasio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO DiBLASIO…

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

Date published: May 8, 1989

Citations

150 A.D.2d 482 (N.Y. App. Div. 1989)

Citing Cases

People v. Williams

The court properly denied defendant's motion to produce the confidential informant. Defendant failed to…

People v. Ortiz

The trial court properly denied the defendant's request for a missing witness charge in connection with a…