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Attempted Murder: People v. Hawkins
Daily Record Staff//May 25, 2011//
Listen to this articleAppellate Division, Fourth Department
People v. Hawkins
KA 07-02085
Appealed from Supreme Court, Monroe County
Background: Defendant was convicted of Attempted Murder 2d degree and other felonies. On appeal the contended that the trial judge erred in denying his request for a missing witness charge.
Ruling: Conviction affirmed. The prosecution established its burden of showing that the charge would not be appropriate: the testimony would have been cumulative and the witness otherwise would not be expected to provide testimony favorable to the People’s case.
David Juergens for defendant and Joseph D. Waldorf for Monroe County District Attorney’s Office
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