People v. Ortiz
People v. Ortiz
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The dispositive issue is whether the trial court’s denial of the requested missing witness instruction is reversible error under the facts and circumstances of this case applying our standard rubrics. At trial, defendant Ortiz joined in a request for an adverse inference instruction as to a nontestifying police officer, who was in a car near the scene of the buy-and-bust criminal drug transaction that led to the arrest and conviction. The undercover officer who actually engaged in the drug sale and the arresting officer testified concerning identification aspects of the case. The jury convicted defendant, the Appellate Division affirmed the judgment, and a Judge of this Court granted leave to appeal. We now affirm, because on this record it was not unreasonable for the trial court to refuse to give the requested instruction on the ground that the nontestifying undercover officer’s testimony would have added only cumulative evidence.
The trial court weighed the entire proof from the People in rendering its instruction ruling. That court did not commit any error or shift any burdens with respect to this ruling. The record justifies the inferences and conclusions drawn by the trial court to support its well-informed and supportable denial of the requested instruction (People v Gonzalez, 68 NY2d 424, 430; People v Macana, 84 NY2d 173, 177 [decided today]).
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
Order affirmed in a memorandum.
Reference
- Full Case Name
- The People of the State of New York v. James Ortiz
- Cited By
- 16 cases
- Status
- Published