From Casetext: Smarter Legal Research

People v. White

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1976
54 A.D.2d 744 (N.Y. App. Div. 1976)

Opinion

October 18, 1976


Appeal by defendant from a judgment of the County Court, Rockland County, rendered April 10, 1975, convicting him of criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence. Judgment affirmed. It was improper for the trial court to instruct the jury that a person mentioned during the testimony of a prosecution witness was "available" to the defense, since it implied that there was a duty on the defense to call such person as a witness. However, the error was not prejudicial or reversible (see People v Crimmins, 36 N.Y.2d 230, 242). Hopkins, Acting P.J., Martuscello, Latham, Rabin and Hawkins, JJ., concur.


Summaries of

People v. White

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1976
54 A.D.2d 744 (N.Y. App. Div. 1976)
Case details for

People v. White

Case Details

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

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

Date published: Oct 18, 1976

Citations

54 A.D.2d 744 (N.Y. App. Div. 1976)

Citing Cases

People v. Renner

We disagree. Initially, we point out that even though defendant failed to take exception to the charge, we…

People v. Julio Castro

The defendant contends that the Trial Judge made an improper statement concerning an uncalled witness during…