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People v. White

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1992
186 A.D.2d 503 (N.Y. App. Div. 1992)

Opinion

October 29, 1992

Appeal from the Supreme Court, New York County (Herbert Altman, J.).


The undercover officer's testimony that there was a second undercover officer stationed at an observation post three blocks away did not entitle defendant to a missing witness charge. Since the testimony in question did not establish that the other officer was able to observe defendant commit the acts that were observed by the testifying officer from his rooftop position, defendant failed to meet his burden of showing that the uncalled witness, the second undercover officer, could be expected to have knowledge about a material issue and to testify favorably to the People (People v Kitching, 78 N.Y.2d 532).

Concur — Carro, J.P., Kupferman, Ross and Asch, JJ.


Summaries of

People v. White

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1992
186 A.D.2d 503 (N.Y. App. Div. 1992)
Case details for

People v. White

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DUDLEY WHITE, Appellant

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

Date published: Oct 29, 1992

Citations

186 A.D.2d 503 (N.Y. App. Div. 1992)
589 N.Y.S.2d 333

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