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PEOPLE v. BROWN

183 A.D.2d 569 (1992)

The People of the State of New York, Respondent, v. Richard Brown, Appellant

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

May 19, 1992

Defense counsel requested a missing witness charge after the conclusion of the People's rebuttal case, prior to summation. The People's contention that the defendant's request was untimely, since it was not made as soon as "practicable," was not raised at trial, and, therefore, is unpreserved for our review (People v Erts, 73 N.Y.2d 872; People v Gonzalez, 68 N...

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