PEOPLE v. SMITH

2014-04787, Ind. No. 12-00605.

146 A.D.3d 905 (2017)

2017 NY Slip Op 00327

44 N.Y.S.3d 774

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK SMITH, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 18, 2017.


Ordered that the judgment is affirmed.

The defendant's contention that his half brother was not "available" and, thus, that the County Court erred in granting the People's request for a missing witness charge, is unpreserved for appellate review, as that argument was not raised before the County Court (see CPL 470.05 [2]). In any event, the court properly gave a missing witness charge as to the defendant's half brother, who was not called to testify on the...

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