Shortly after midnight on September 15, 1987, defendant and Raphael Leach approached complainant and his companion as they sat in complainant's car in the West Village, and robbed them at gunpoint. On appeal, defendant maintains that the trial court erred in denying his request for a missing witness charge with respect to the complainant's fellow passenger.
Our review of the record fails to establish that the passenger was under the control of the People and that...
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