New York Court of Appeals

The People of the State of New York v. Lambert Kitching

November 26, 199178 N.Y.2d 532

Summary

The Court held that the trial court erred in denying the defendant's request for a missing witness charge because the uncalled officer was sufficiently shown to have knowledge of a material issue, and that this error required reversal of the convictions for criminal sale and possession with a new trial on those counts.