People v. Williams
Opinion of the Court
Case held, decision reserved and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: In their appeal from judgments of conviction for murder in the second degree (felony murder) (Penal Law, § 125.25, subd 3) and criminal possession of a weapon in the fourth degree (Penal Law, § 265.01, subd [2]), arising out of the shooting death of Ozell Williams at the Erie Basin Marina on December 24, 1974, defendants raise several contentions, including: (1) that the court, in its charge to the jury on the question of whether the witness Debra Ann Robinson was an accomplice, unfairly marshaled the evidence so as to deprive them of a fair trial; (2) that the court erred in denying the motion of defendant Williams for a separate nonjury trial; (3) that the court committed error by admitting in evidence on the redirect examination of Debra Ann Robinson and over the objection of defense counsel a statement made by Robinson to the police on October 22, 1976 upon which Robinson had been extensively cross-examined; and (4) that the court erred in denying the defendants’ motions to dismiss the charges upon the ground that they had been deprived of their constitutional rights to a speedy trial pursuant to CPL 30.20 and the Sixth Amendment. We find no basis for reversal in the court’s marshaling of the evidence. All of the proof pertaining to the question of whether or not Debra Ann Robinson was an accomplice came from the prosecution witnesses. The defendants’ case contained no substantive evidence but consisted solely of the testimony of character witnesses. In its charge the court outlined the significant evidence pertaining to the accomplice question, basing its recital largely on the direct testimony of Debra Ann Robinson. The court’s omission of certain inconsistencies developed in the cross-examination of Debra Ann Robinson and of other prosecution witnesses was not, in our opinion, so prejudicial as to warrant a reversal. The charge, when read in its entirety, does not reveal the heavily biased recitation of facts favorable to the prosecution present in People v Bell (38 NY2d 116) and People v Williamson (40 NY2d 1073), where the objectionable marshaling of evidence and omission of testimony favorable to the defendants pertained to factual issues which were in serious dispute and which bore directly on material elements of the crimes charged. Nor does the charge contain any expression of the court’s personal opinion as to the credibility of witnesses (cf. People v Bell,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.