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People v. Wallace

Appellate Division of the Supreme Court of New York, Second Department
Apr 2, 2001
282 A.D.2d 482 (N.Y. App. Div. 2001)

Opinion

Submitted March 12, 2001.

April 2, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered December 23, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Kathleen P. O'Leary, Rachel Buchter, and Nadja A. Schulz of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, P.J., CORNELIUS J. O'BRIEN, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The Supreme Court properly denied the defendant's request for a missing witness charge. Because the defendant waited until both sides had rested to ask for that charge, his request was untimely (see, People v. Bowman, 270 A.D.2d 355; People v. France, 265 A.D.2d 424; People v. Kourani, 256 A.D.2d 620, 622; People v. Asphill, 208 A.D.2d 550, 551; People v. Correll, 207 A.D.2d 410).

The defendant's remaining contentions raised in his supplemental pro se brief are either unpreserved for appellate review or without merit.


Summaries of

People v. Wallace

Appellate Division of the Supreme Court of New York, Second Department
Apr 2, 2001
282 A.D.2d 482 (N.Y. App. Div. 2001)
Case details for

People v. Wallace

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. ALVIN WALLACE, APPELLANT

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

Date published: Apr 2, 2001

Citations

282 A.D.2d 482 (N.Y. App. Div. 2001)
722 N.Y.S.2d 416