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PEOPLE v. CAPELLA

112 A.D.2d 166 (1985)

The People of the State of New York, Respondent, v. Joseph Capella, Appellant

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

July 1, 1985

Judgment affirmed.

Defendant's claim that the trial court erred by giving an ambiguous missing witness charge concerning Miguel Martinez is unpreserved for appellate review, as the court granted defendant's request for such a charge and defendant failed to take exception to the charge as given (People v Whalen, 59 N.Y.2d 273). We have considered defendant's other contentions and...

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