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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 1993
198 A.D.2d 29 (N.Y. App. Div. 1993)

Opinion

November 4, 1993

Appeal from the Supreme Court, New York County (Ira Beal, J.).


Defendant requested a missing witness charge with respect to two confidential informants, whose testimony, he now claims, would have been critical to his defense of agency. However, this position was not advanced before the trial court, and is unpreserved for review as a matter of law (see, People v Gayle, 162 A.D.2d 261, lv denied 76 N.Y.2d 857). The requested charge was properly denied, on the basis sought, i.e., regarding the cost of the January 21st purchase, since as to that issue it was merely cumulative.

Concur — Sullivan, J.P., Rosenberger, Ellerin and Wallach, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 1993
198 A.D.2d 29 (N.Y. App. Div. 1993)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PABLO RODRIGUEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 4, 1993

Citations

198 A.D.2d 29 (N.Y. App. Div. 1993)
603 N.Y.S.2d 123