People v. Smalls
Cases that cite this one
5 later published cases cite this decision.
- Johnson v. Griffin (District Court, E.D. New York 2022)
- People v. Gopaul (Appellate Division of the Supreme Court of New York 2013)
- People v. Gopaul (Appellate Division of the Supreme Court of New York 2013)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2012)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2012)
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 (Dowling, J.), rendered November 5, 2008, convicting him of attempted assault in the first degree, upon a jury verdict, and imposing sentence.
The defendant was not deprived of a fair trial by the Supreme Court’s denial of his request for a missing witness charge (see People v Gonzalez, 68 NY2d 424, 427-428 [1986]; People v Vera, 11 AD3d 716 [2004]). In any event, even if the Supreme Court erred in denying the defendant’s request for a missing witness charge, any error was harmless, as there was overwhelming evidence of the defendant’s guilt and no significant probability that the error contributed to his conviction (see People v Crimmins, 36 NY2d 230, 241-242 [1975]). Angiolillo, J.P., Hall, Roman and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.