PEOPLE v. BRANDO


109 A.D.2d 845 (1985)

The People of the State of New York, Respondent, v. Frank Brando, Appellant

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

March 18, 1985


Judgment affirmed.

We reject defendant's claim that the trial court erred in denying defense counsel's motion to dismiss the indictment for failure to prove a prima facie case, and we note that defendant's guilt was proven beyond a reasonable doubt by overwhelming evidence. We also note that it was not error for the trial court to deny defendant's request for a missing witness charge, since the witness in question, Officer Mazelli, was then under indictment for burglary...

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