PEOPLE v. THOMAS

No. 108.

21 N.Y.3d 226 (2013)

991 N.E.2d 200

969 N.Y.S.2d 426

2013 NY Slip Op 3934

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHESTER J. THOMAS, Appellant.

Court of Appeals of New York.

Decided June 4, 2013.


Attorney(s) appearing for the Case

Timothy P. Donaher , Monroe County Public Defender, Rochester ( Janet C. Somes , of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Geoffrey Kaeuper of counsel), for respondent.


OPINION OF THE COURT

SMITH, J.

We hold that the trial court erred in prohibiting defendant from making a "missing witness" argument, but that the error was harmless.

I

Defendant was charged with criminal sexual act in the first degree, criminal contempt and two counts of assault. The complainant was a woman with whom defendant had had a turbulent relationship for several years, and with whom he had three children. In the course of the relationship...

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