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PEOPLE v. ROSARIO

178 A.D.2d 242 (1991)

The People of the State of New York, Respondent, v. Jose Rosario, Appellant

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

December 12, 1991

Defendant did not sustain his burden of showing that the missing witness possessed knowledge of a material issue (People v Gonzalez, 68 N.Y.2d 424). Although, prior to trial, the People moved to dismiss the first count of the indictment charging defendant with criminal possession of a weapon in the second degree because the witnesses necessary to establish that charge were unavailable, and subsequent references were made to this...

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