PEOPLE v. PAEZ


159 A.D.2d 259 (1990)

The People of the State of New York, Respondent, v. Oscar Paez, Appellant

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

March 8, 1990


The sole testimony at trial regarding defendant's sale of narcotics to an undercover police officer was given by Detective Masci, who observed the transaction in broad daylight, from a distance of 50 feet. On appeal, defendant argues that the trial court erred in denying his request for a missing witness charge with respect to Masci's partner, Officer Panoccio, and his supervisor, Sergeant Bradley.

An examination of the record, however, establishes that Officer Panoccio...

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