PEOPLE v. HENAO


169 A.D.2d 551 (1991)

The People of the State of New York, Respondent, v. Ismael Henao, Appellant

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

January 22, 1991


Defendant claims on appeal that the trial court erred in granting the People's request for a missing witness charge regarding an uncalled witness who, defendant testified, he had seen and spoken with just days before the trial began, and who could give information that he and defendant were together near the scene of the robbery for innocent purposes. The trial court duly considered all information offered by defendant regarding the availability of the uncalled witness, and...

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