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PEOPLE v. MATOS

168 A.D.2d 308 (1990)

The People of the State of New York, Respondent, v. Tarsis Matos, Appellant

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

December 13, 1990

Following an early morning verbal altercation in a discotheque, in which all bystanders knew one another, defendant shot and killed a patron. Three of those present testified against defendant at trial. As to two other eyewitnesses, one was mentally disturbed and the other could not be located by the People.

Defendant contends that a missing witness charge should have been given as to these two witnesses. We note that police...

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