PEOPLE v. VILLA


162 A.D.2d 969 (1990)

The People of the State of New York, Respondent, v. Herminio Villa, Appellant

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

June 22, 1990


Judgment unanimously affirmed.

Memorandum:

There is no merit to defendant's contention that the trial court erred by refusing to give a missing witness charge with respect to the People's failure to call Luis Davila as a witness. Defendant failed to establish that Davila was knowledgeable about a material issue in the case and that he would be expected to testify favorably to the People (see, People v Gonzalez, 68 N.Y.2d 424...

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