People v Baublitz

Holding The appellate court affirmed the convictions for burglary in the first degree and attempted robbery in the second degree, finding the verdict supported by legally sufficient evidence and not against the weight of the evidence. The court also held that the trial court did not abuse its discretion in denying a missing witness charge and that the defendant received meaningful representation.

The court’s words

we view the facts in the light most favorable to the People and examine whether there is a valid line of reasoning

2026 NY Slip Op 06493, at the official text

determine whether, based on all the credible evidence, a different finding would not have been unreasonable

2026 NY Slip Op 06493, at the official text

The missing witness instruction allows a jury to draw an unfavorable inference based on a party's failure to call a witness

2026 NY Slip Op 06493, at the official text

County Court did not abuse its discretion by denying defendant's request for a missing witness charge

2026 NY Slip Op 06493, at the official text

trial counsel may have reasonably calculated that any further questioning along these lines would have been fruitless

2026 NY Slip Op 06493, at the official text

viewing trial counsel's representation in its totality, we conclude that defendant was afforded meaningful representation

2026 NY Slip Op 06493, at the official text