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People v. Holiday

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 672 (N.Y. App. Div. 1995)

Opinion

March 27, 1995

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


Ordered that the judgment is affirmed.

The defendant's contention that the court erred by denying his request for a missing-witness charge with respect to two police officers is without merit. The defendant failed to meet his burden of establishing that the uncalled officers were in a position to have knowledge of a material issue pending in the case (see, People v. Lyons, 81 N.Y.2d 753; People v. Hubbard, 184 A.D.2d 781).

The defendant's contention that the court erred by failing to impose a sanction upon the People for a Rosario violation is unpreserved for appellate review (see, People v. Buckley, 75 N.Y.2d 843; People v. Reid, 192 A.D.2d 1117), and we decline to reach it in the exercise of our interest of justice jurisdiction. Lawrence, J.P., Santucci, Friedmann and Florio, JJ., concur.


Summaries of

People v. Holiday

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 672 (N.Y. App. Div. 1995)
Case details for

People v. Holiday

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOU HOLIDAY, Appellant

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

Date published: Mar 27, 1995

Citations

213 A.D.2d 672 (N.Y. App. Div. 1995)
624 N.Y.S.2d 934

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