Defendant's application at trial for a material witness order was deficient in both form (CPL 620.30 [1]) and substance (CPL 620.20 [1] [a], [b]). Appellant failed to demonstrate that Martinez possessed material testimony or was not amenable to subpoena.
With respect to defendant's request for a missing witness charge as to Martinez and another witness, there is no indication that either witness was under the People's control. While the court would have been better...
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