People v. Pierce

Appellate Division of the Supreme Court of New York

People v. Pierce

242 A.D.2d 392, 661 N.Y.S.2d 991, 1997 N.Y. App. Div. LEXIS 8449

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

DecidedAugust 25, 1997

StatusPublished

This text of 242 A.D.2d 392 (People v. Pierce) 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. Pierce, 242 A.D.2d 392, 661 N.Y.S.2d 991, 1997 N.Y. App. Div. LEXIS 8449 (N.Y. Ct. App. 1997).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered September 11, 1995, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court properly denied his request for a missing witness charge as there was no indication that the uncalled witness would have provided material testimony (see, People v Kitching, 78 NY2d 532; People v Gonzalez, 68 NY2d 424; People v Everette, 167 AD2d 350).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contention is unpreserved for appellate review and, in any event, without merit. O’Brien, J. P., Sullivan, Altman and McGinity, JJ., concur.

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