PEOPLE v. RAMOS


159 A.D.2d 596 (1990)

The People of the State of New York, Respondent, v. Gullerrzo Ramos, Appellant

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

March 12, 1990


Ordered that the judgment is affirmed.

We reject the defendant's contention that the trial court improperly denied his request for a missing witness charge. It is well established that the party seeking a missing witness charge has the burden of establishing that the uncalled witness is knowledgable about a material issue upon which evidence is already in the case, would naturally be expected to provide noncumulative testimony favorable to the party who should have...

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