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People v. Thompson

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 748 (N.Y. App. Div. 1996)

Opinion

April 29, 1996

Appeal from the County Court, Orange County (Byrne, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

The court properly found that there was no merit to the defendant's proffered defenses of agency ( see, People v Herring, 83 N.Y.2d 780; People v. Leybovich, 201 A.D.2d 670; People v. Davis, 149 A.D.2d 609; People v. Scott, 134 A.D.2d 379) and entrapment ( see, Penal Law § 40.05; People v. Butts, 72 N.Y.2d 746, 750; People v. Torres, 185 A.D.2d 257). In addition, the court did not err in denying the defendant's motion for a missing witness charge ( see, People v. Gonzalez, 68 N.Y.2d 424). The People adequately demonstrated that the witness in question was unavailable ( see, People v. Gonzalez, supra; People v. Foust, 192 A.D.2d 718; People v. Goddard, 150 A.D.2d 794).

The defendant's remaining contentions are without merit. Mangano, P.J., Ritter, Hart and McGinity, JJ., concur.


Summaries of

People v. Thompson

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 748 (N.Y. App. Div. 1996)
Case details for

People v. Thompson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL THOMPSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 29, 1996

Citations

226 A.D.2d 748 (N.Y. App. Div. 1996)
642 N.Y.S.2d 541