People v. Moore

Appellate Division of the Supreme Court of New York

People v. Moore

268 A.D.2d 491, 701 N.Y.S.2d 642, 2000 N.Y. App. Div. LEXIS 615

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

DecidedJanuary 18, 2000

StatusPublished

Cited by1 cases

This text of 268 A.D.2d 491 (People v. Moore) 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. Moore, 268 A.D.2d 491, 701 N.Y.S.2d 642, 2000 N.Y. App. Div. LEXIS 615 (N.Y. Ct. App. 2000).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered September 23, 1998, convicting him of attempted grand larceny in the third degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly denied the defendant’s request for a missing witness charge based on the People’s failure to call one of the police officers who had been at the scene of the crime. The defendant failed to make a prima facie showing that the witness could be expected to have knowledge about a material issue in the case or that his testimony would be favorable to the People (see, People v Macana, 84 NY2d 173; People v Smith, 254 AD2d 312). O’Brien, J. P., S. Miller, McGinity and Smith, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered September 23, 1998, convicting him of attempted grand larceny in the third degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly denied the defendant’s request for a missing witness charge based on the People’s failure to call one of the police officers who had been at the scene of the crime. The defendant failed to make a prima facie showing that the witness could be expected to have knowledge about a material issue in the case or that his testimony would be favorable to the People (see, People v Macana, 84 NY2d 173; People v Smith, 254 AD2d 312). O’Brien, J. P., S. Miller, McGinity and Smith, JJ., concur.

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Bluebook (online)

268 A.D.2d 491, 701 N.Y.S.2d 642, 2000 N.Y. App. Div. LEXIS 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moore-nyappdiv-2000.

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