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PEOPLE v. HEREDIA

196 A.D.2d 885 (1993)

602 N.Y.S.2d 164

The People of the State of New York, Respondent, v. Pedro Heredia, Appellant

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

September 27, 1993

Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in denying his request for a missing witness charge. As the party requesting a missing witness charge, the defendant had the initial burden of demonstrating that the uncalled witness could be expected to have knowledge of a material issue and to testify favorably to the People (see, People v Kitching, 78 N.Y.2d 532; People v...

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