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Court of Appeals – Missing witness instruction: People v. Khiamdavanh
Daily Record Staff//July 2, 2026//
Court of Appeals – Missing witness instruction: People v. Khiamdavanh
Daily Record Staff//July 2, 2026//
Listen to this articleNew York State Court of Appeals
Missing witness instruction — Cumulative testimony
No. 56
Memorandum
Background: The defendant was convicted of attempted murder, assault, and criminal possession of a weapon arising from an altercation at a traffic signal where he shot and permanently paralyzed the victim. He asserted a justification defense. The defendant asked for a missing witness instruction as only one of two other men traveling with the victim testified. The request was denied on the grounds the testimony would be cumulative.
Ruling: The Court of Appeals held it was not an abuse of discretion to deny the defendant’s request for a missing witness instruction. The court noted that trial testimony and the missing witness’s deposition testimony established the testimony would be cumulative.
Melissa K. Swartz for the appellant; Michael A. LaBella for the respondent.
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