PEOPLE v. MILES


161 A.D.2d 805 (1990)

The People of the State of New York, Respondent, v. Joseph Miles, Appellant

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

May 29, 1990


Ordered that the judgment and sentence are affirmed.

The defendant argues that the trial court erred in refusing to grant his request for a missing witness charge regarding the prosecutor's failure to call as a witness a friend of the complainant who was present during the robbery. We disagree. The trial court properly concluded that this witness was not under the control of the prosecution since there was no indication that although available to both sides, the witness...

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