People v. O'Brien
Cases that cite this one
13 later published cases cite this decision.
- People v. Guillen (Appellate Division of the Supreme Court of New York 2007)
- People v. Hunter (Appellate Division of the Supreme Court of New York 2017)
- People v. Rivera (Appellate Division of the Supreme Court of New York 2015)
- People v. Dockery (Appellate Division of the Supreme Court of New York 2013)
- People v. Dockery (Appellate Division of the Supreme Court of New York 2013)
- People v. Charlton (Appellate Division of the Supreme Court of New York 2010)
- People v. Acosta (Appellate Division of the Supreme Court of New York 2010)
- People v. Hearns (Appellate Division of the Supreme Court of New York 2006)
- People v. Carnett (Appellate Division of the Supreme Court of New York 2005)
- People v. Kagan (Appellate Division of the Supreme Court of New York 2004)
- People v. Tutt (Appellate Division of the Supreme Court of New York 2003)
- People v. Jackson (Appellate Division of the Supreme Court of New York 2002)
- People v. Sanchez (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 5, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620, 621), we find that
Contrary to the defendant’s contention, he was not entitled to an adverse inference charge regarding the prosecution’s failure to produce the victim’s clothing at the trial. There was no evidence that the police recovered the clothing at the crime scene, or otherwise had it within their possession and control (see, People v James, 93 NY2d 620; People v Washington, 86 NY2d 189; People v Reedy, 70 NY2d 826). Moreover, the defendant’s belated claim of prejudice, made near the end of the trial, was unpersuasive (see, People v Riviere, 173 AD2d 871).
The defendant’s remaining contentions are without merit. Bracken, J. P., Ritter, Altman and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.