People v. Holiday

Appellate Division of the Supreme Court of New York

People v. Holiday

213 A.D.2d 672, 624 N.Y.S.2d 934, 1995 N.Y. App. Div. LEXIS 3177

Appellate Division of the Supreme Court of the State of New York·Decided March 27, 1995·Published·Cited by 1 cases

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered November 24, 1992, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

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 [673]*673police 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 NY2d 753; People v Hubbard, 184 AD2d 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 NY2d 843; People v Reid, 192 AD2d 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.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered November 24, 1992, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

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 [673]*673police 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 NY2d 753; People v Hubbard, 184 AD2d 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 NY2d 843; People v Reid, 192 AD2d 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.

People v. Holiday, 213 A.D.2d 672, 624 N.Y.S.2d 934, 1995 N.Y. App. Div. LEXIS 3177 (N.Y. Ct. App. 1995).

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