People v. Freeman

Appellate Division of the Supreme Court of New York

People v. Freeman

296 A.D.2d 312, 744 N.Y.S.2d 323, 2002 N.Y. App. Div. LEXIS 7149

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 2, 2002

StatusPublished

This text of 296 A.D.2d 312 (People v. Freeman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Freeman, 296 A.D.2d 312, 744 N.Y.S.2d 323, 2002 N.Y. App. Div. LEXIS 7149 (N.Y. Ct. App. 2002).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Denis Boyle, J.), rendered February 21, 2001, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 25 years to life and 10 years, respectively, unanimously affirmed.

Defendant’s request for a missing witness charge was properly denied both on the ground of untimeliness and on the merits. The request was not made “as soon as practicable” (People v Gonzalez, 68 NY2d 424, 428), where it was made after both sides had finished presenting evidence and the court was about to proceed with summations and charge (see, People v Jordan, 277 AD2d 155, lv denied 96 NY2d 760; People v Johnson, 262 AD2d 243, lv denied 94 NY2d 921). Furthermore, the missing witness, the cousin of an initially uncooperative witness who was not a victim of the crime and who was romantically involved with defendant, was not shown to be under the People’s control for purposes of a missing witness instruction (see, People v Lacy, 166 AD2d 168, lv denied 76 NY2d 987). Moreover, the prospective witness’s testimony would, at best, have been cumulative (see, People v Smith, 279 AD2d 259, lv denied 96 NY2d 835).

We perceive no basis for a reduction of sentence. Concur— Tom, J.P., Mazzarelli, Rosenberger, Ellerin and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, Bronx County (Denis Boyle, J.), rendered February 21, 2001, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 25 years to life and 10 years, respectively, unanimously affirmed.

Defendant’s request for a missing witness charge was properly denied both on the ground of untimeliness and on the merits. The request was not made “as soon as practicable” (People v Gonzalez, 68 NY2d 424, 428), where it was made after both sides had finished presenting evidence and the court was about to proceed with summations and charge (see, People v Jordan, 277 AD2d 155, lv denied 96 NY2d 760; People v Johnson, 262 AD2d 243, lv denied 94 NY2d 921). Furthermore, the missing witness, the cousin of an initially uncooperative witness who was not a victim of the crime and who was romantically involved with defendant, was not shown to be under the People’s control for purposes of a missing witness instruction (see, People v Lacy, 166 AD2d 168, lv denied 76 NY2d 987). Moreover, the prospective witness’s testimony would, at best, have been cumulative (see, People v Smith, 279 AD2d 259, lv denied 96 NY2d 835).

We perceive no basis for a reduction of sentence. Concur— Tom, J.P., Mazzarelli, Rosenberger, Ellerin and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

296 A.D.2d 312, 744 N.Y.S.2d 323, 2002 N.Y. App. Div. LEXIS 7149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-freeman-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack