PEOPLE v. ERTS


73 N.Y.2d 872 (1988)

The People of the State of New York, Appellant, v. Cecil Erts, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1988.


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Tammy J. Smiley, Barbara D. Underwood and Shulamit Rosenblum of counsel), for appellant.

Joel Atlas and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division majority that defendant made a prima facie showing that the uncalled witness possessed knowledge on the critical issue in the case — i.e., whether it was defendant who sold the drugs — and that the trial court's refusal to give a "missing witness" charge constituted reversible error. In People...

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