Home/Appellate Division of the Supreme Court of New York/People v. Whetts

People v. Whetts

247 A.D.2d 415, 667 N.Y.S.2d 935, 1998 N.Y. App. Div. LEXIS 824
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 2, 1998
StatusPublished

This text of 247 A.D.2d 415 (People v. Whetts) 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. Whetts, 247 A.D.2d 415, 667 N.Y.S.2d 935, 1998 N.Y. App. Div. LEXIS 824 (N.Y. Ct. App. 1998).

Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Sise, J.), rendered July 26, 1996, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the trial court improperly denied his request for a missing witness charge. This contention is without merit, as the defendant waited until both sides had rested at the close of evidence to request the charge, and thus his request was untimely (see, People v Gonzalez, 68 NY2d 424, 428; People v Asphill, 208 AD2d 550; People v Woodford, 200 AD2d 644; People v Catoe, 181 AD2d 905). In any event, the defendant failed to make a prima facie showing that the missing witness was under the People’s control and that the witness’s testimony would not be cumulative (see, People v Duval, 172 AD2d 248, 249).

The defendant’s sentence is not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contention is without merit (see, People v Reynoso, 73 NY2d 816, 819; People v Walker, 223 AD2d 414, 415).

Rosenblatt, J. P., Ritter, Altman and Florio, JJ., concur.

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

Related

People v. Gonzalez
502 N.E.2d 583 (New York Court of Appeals, 1986)
People v. Reynoso
73 N.Y.2d 816 (New York Court of Appeals, 1988)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Duval
172 A.D.2d 248 (Appellate Division of the Supreme Court of New York, 1991)
People v. Catoe
181 A.D.2d 905 (Appellate Division of the Supreme Court of New York, 1992)
People v. Woodford
200 A.D.2d 644 (Appellate Division of the Supreme Court of New York, 1994)
People v. Asphill
208 A.D.2d 550 (Appellate Division of the Supreme Court of New York, 1994)
People v. Walker
223 A.D.2d 414 (Appellate Division of the Supreme Court of New York, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
247 A.D.2d 415, 667 N.Y.S.2d 935, 1998 N.Y. App. Div. LEXIS 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-whetts-nyappdiv-1998.