RIVERHEAD – The Appellate Term has overturned a jury verdict of a Suffolk County man found guilty of driving while intoxicated and resisting arrest, ruling that the man was entitled to a missing witness charge.
The three-judge panel of Appellate Term Supervising Judge Marquette Floyd, Justice Robert W. Doyle and Allan L. Winick ruled Feb. 13 that the Suffolk County District Attorney’s office failed to establish that the missing witness, one of two arresting officers, was truly not available to testify.
