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PEOPLE v. JEFFRIES

151 A.D.2d 964 (1989)

The People of the State of New York, Respondent, v. Billie Jeffries, Appellant

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

June 2, 1989

Judgment unanimously modified on the law and as modified affirmed and defendant remanded to Supreme Court, Monroe County, for resentencing, in accordance with the following memorandum:

The court properly refused to give a missing witness charge because Mr. Pepsin's testimony would have been cumulative of the testimony of the arresting officer and Mr. Much's testimony would not have been favorable to the People (see, People v Gonzalez,

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