PEOPLE v. ORTIZ


83 N.Y.2d 989 (1994)

639 N.E.2d 1130

616 N.Y.S.2d 333

The People of the State of New York, Respondent, v. James Ortiz, Appellant.

Court of Appeals of the State of New York.

Decided July 5, 1994.


Attorney(s) appearing for the Case

Elizabeth Manning, New York City, and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney of Bronx County, The Bronx (Mark S. DeMarco and Billie Manning of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


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...

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