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PEOPLE v. MOSS

174 A.D.2d 899 (1991)

The People of the State of New York, Respondent, v. Luke Moss III, Appellant

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

June 20, 1991

We reject defendant's contention that County Court erred in refusing to give a missing witness charge to the jury regarding the People's failure to call as a witness the informant in the case. The uncalled witness was available to defendant and the record supports the court's conclusion that it was not shown that the witness's testimony would have been noncumulative (see, People v Torres, 146 A.D.2d 658, lv denied 73...

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