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PEOPLE v. WILSON

64 N.Y.2d 634 (1984)

The People of the State of New York, Respondent, v. George Wilson, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1984.

Attorney(s) appearing for the Case

John F. Middlemiss and Monroe A. Semble for appellant.

Patrick Henry, District Attorney (John J. Ribeiro of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The trial court did not err in giving the missing witness charge. Although defendant had no burden to come forward with alibi evidence, once he did so, his failure to call an available witness to support the alibi could be brought to the jury's attention inasmuch as it appeared that the witness, defendant...

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