[Download] "People v. Barry Morris" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Barry Morris
- Author : Supreme Court of New York
- Release Date : January 03, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
DECISION & ORDER The defendant was convicted after being identified by two police officers as the man who shot at them
as they attempted to stop him for questioning with respect to a prior reported crime. He contends that a missing witness charge
should have been given because an individual who had identified him was not called as a witness by the prosecution. This contention
is without merit as the People met their burden of establishing that the witness's testimony, although relevant, would have
been cumulative to other evidence (see, People v Gonzalez, 68 N.Y.2d 424, 428). The defendant's contention that the trial court erred in instructing the jury to draw no inference from his failure to testify
(see, CPL 300.10[2]), is unpreserved for appellate review, as he did not register any objection to the charge at the time
it was given (see, CPL 470.05[2]). In any event, the charge as given by the trial court was a simple neutral statement that
did not unduly emphasize the defendant's silence, so as to impinge on his constitutional right against self-incrimination
and deprive him of a fair trial (see, People v Ruscitti, A.D.2d [2d Dept., July 9, 1990]; People v Priester, A.D.2d [2d
Dept., June 18, 1990]).