PEOPLE v. MITCHELL


306 A.D.2d 27 (2003)

759 N.Y.S.2d 665

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MITCHELL, Appellant.

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

Decided June 3, 2003.


We reject defendant's various arguments concerning the fact that the arresting officer did not testify as either a prosecution or defense witness. The record establishes that the officer had been injured and was on medical leave, that the court nevertheless signed defendant's subpoena for his attendance, and that after both sides were unable to obtain his presence they entered into a stipulation as to the allegedly exculpatory information that defendant wished to elicit from...

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