Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered. No questions of fact have been raised or considered.
We conclude that the court erred in granting the People's request for a missing witness charge, and, since the error cannot be considered harmless, reverse and grant a new trial. The defendant was charged with murder in connection with the death of Antonio Cruz. According to testimony...
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