The People of the State of New York v. Cecil Erts

Summary

The Court of Appeals affirmed the Appellate Division's order, holding that the trial court erred by refusing to give a missing‑witness charge after the defendant made a prima facie showing of the witness's knowledge and the People failed to preserve a timeliness objection. The decision rests on the rule that a defendant must first establish entitlement to the charge and the prosecution must then account for the witness’s absence or show the charge is inappropriate.