PEOPLE v. MATEO


188 A.D.2d 438 (1992)

The People of the State of New York, Respondent, v. Modesto Mateo, Appellant

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

December 29, 1992


The court properly instructed the jury that defendant's common-law wife was a missing witness (see, People v Gonzalez, 68 N.Y.2d 424, 427), the defense having failed to meet his burden of showing that her testimony would be cumulative to that of his other alibi witnesses (see, People v Fields, 76 N.Y.2d 761, 763). The court's charge fairly tracked the preferable instructions...

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