Appellate Division of the Supreme Court of New York, 2003

People v. Reyes

Appellate Division of the Supreme Court of New York · Decided January 13, 2003

301 A.D.2d 540; 752 N.Y.S.2d 902

Cases that cite this one

2 later published cases cite this decision.

People v. Watson (Appellate Division of the Supreme Court of New York 2011)
People v. Madrid (Appellate Division of the Supreme Court of New York 2008)

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 (Lott, J.), rendered April 3, 1998, as amended April 6, 1998, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

Contrary to the defendant’s contention, the trial court properly denied his request for a missing witness charge concerning an eyewitness. The defendant failed to establish that the uncalled witness was expected to testify favorably for the prosecution (see People v Jones, 294 AD2d 517). Moreover, the uncalled eyewitness’s testimony would merely have been cumulative (see People v Walker, 250 AD2d 868).

*541The Supreme Court properly imposed consecutive sentences for the defendant’s convictions of manslaughter in the second degree and criminal possession of a weapon in the second degree (see People v Mack, 242 AD2d 543).

The defendant’s remaining contentions are without merit. Altman, J.P., S. Miller, Adams and Mastro, JJ., concur.

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