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PEOPLE v. McCULLERS

119 A.D.2d 835 (1986)

The People of the State of New York, Respondent, v. Ronald McCullers, Appellant

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

April 28, 1986

Judgment affirmed.

The court properly declined to give a missing witness charge as to Donald Johnson whom the robbery victim testified was with him when the robbery occurred. Three police witnesses testified that they made diligent attempts to locate and subpoena Johnson and produce him at trial but were unsuccessful. Hence the evidence established that Johnson was not under the "control of" and "available to" the People...

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