People v. Whetstone

Appellate Division of the Supreme Court of New York

People v. Whetstone

130 A.D.2d 969, 516 N.Y.S.2d 151, 1987 N.Y. App. Div. LEXIS 46955

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

DecidedMay 22, 1987

StatusPublished

Cited by3 cases

This text of 130 A.D.2d 969 (People v. Whetstone) 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. Whetstone, 130 A.D.2d 969, 516 N.Y.S.2d 151, 1987 N.Y. App. Div. LEXIS 46955 (N.Y. Ct. App. 1987).

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Opinion

Judgment unanimously affirmed. Memorandum: The trial court properly declined to give a missing witness charge. The whereabouts of the witness was unknown. The prosecutor and the police tried, without success, to locate the witness and serve him with a material witness warrant.. Hence, the witness was not available to, or under the control of, the People (see, People v McCullers, 119 AD2d 835, 836, Iv denied 68 NY2d 758; People v Geoghegan, 68 AD2d 279, 286, affd 51 NY2d 45; People v Williams, 34 AD2d 1046). We have considered defendant’s remaining claims and find them lacking in merit. (Appeal from judgment of Supreme Court, Erie County, McGowan, J.—burglary, third degree.) Present—Callahan, J. P., Doerr, Green, Balio and Law-ton, JJ.

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Judgment unanimously affirmed. Memorandum: The trial court properly declined to give a missing witness charge. The whereabouts of the witness was unknown. The prosecutor and the police tried, without success, to locate the witness and serve him with a material witness warrant.. Hence, the witness was not available to, or under the control of, the People (see, People v McCullers, 119 AD2d 835, 836, Iv denied 68 NY2d 758; People v Geoghegan, 68 AD2d 279, 286, affd 51 NY2d 45; People v Williams, 34 AD2d 1046). We have considered defendant’s remaining claims and find them lacking in merit. (Appeal from judgment of Supreme Court, Erie County, McGowan, J.—burglary, third degree.) Present—Callahan, J. P., Doerr, Green, Balio and Law-ton, JJ.

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Bluebook (online)

130 A.D.2d 969, 516 N.Y.S.2d 151, 1987 N.Y. App. Div. LEXIS 46955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-whetstone-nyappdiv-1987.

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