People v. Smith

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The Court of Appeals reversed the order of the Appellate Division affirming Defendant's conviction of attempted murder in the second degree, assault in the first degree, and criminal use of a firearm in the first degree, holding that the People failed to meet its burden to establish that the conditions necessary to warrant a missing witness charge were not met under People v. Gonzalez, 68 NY2d 424 (N.Y. 1986).On appeal, the Appellate Division held that Supreme Court did not abuse its discretion by denying Defendant's request for a missing witness instruction, which allows a jury to draw an unfavorable inference based on a party's failure to call a witness who would normally be expected to support that party's version of events. The Court of Appeals reversed, holding that Supreme Court abused its discretion by declining to give the missing witness charge because the People failed to rebut Defendant's prima facie showing of entitlement to the missing witness charge. View "People v. Smith" on Justia Law