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PEOPLE v. CONGILARO

159 A.D.2d 964 (1990)

The People of the State of New York, Respondent, v. Phillip Congilaro, Appellant

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

March 16, 1990

Judgment unanimously affirmed.

Memorandum:

Defendant contends that the trial court erred in refusing his request to instruct the jury that they could draw an unfavorable inference from the People's failure to call defendant's girlfriend as a witness. Since defendant's girlfriend, after providing testimony favorable to the People before the Grand Jury, recanted that testimony and provided defense counsel with a statement...

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