Opinion
July 7, 2011.
Crimes — Appeal — Preservation of Issue for Review. Crimes — Instructions — Denial of Defense Counsel's Request for Missing Witness Charge.
July 7, 2011.
Crimes — Appeal — Preservation of Issue for Review. Crimes — Instructions — Denial of Defense Counsel's Request for Missing Witness Charge.
Full title:People v. Nelson (Edward)
Court:Appellate Term of the Supreme Court of New York, Second Department
Date published: Jul 7, 2011
Here, defendant, as the proponent of the missing witness charge, failed to meet her initial burden…
People v. Marconihere: (1) the uncalled witness had knowledge of an issue material to the trial; (2) the witness was available…