PEOPLE v. DILLARD


96 A.D.2d 112 (1983)

The People of the State of New York, Respondent, v. Keith Dillard, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 4, 1983


Attorney(s) appearing for the Case

Edward J. Nowak (Howard Broder of counsel), for appellant.

Howard R. Relin, District Attorney (Michael Nelson of counsel), for respondent.

DILLON, P. J., CALLAHAN, O'DONNELL and SCHNEPP, JJ., concur.


GREEN, J.

When the People have under their control an informant who has played a major role in a defendant's arrest but fail to call the informant as a witness at trial, the defendant is entitled to have the jurors charged that they may draw an unfavorable inference from this fact, regardless of whether the defendant theoretically had access to the informant. The trial court's error in refusing to honor defendant...

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