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PEOPLE v. RODRIGUEZ

198 A.D.2d 29 (1993)

603 N.Y.S.2d 123

The People of the State of New York, Respondent, v. Pablo Rodriguez, Appellant

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

November 4, 1993

Defendant requested a missing witness charge with respect to two confidential informants, whose testimony, he now claims, would have been critical to his defense of agency. However, this position was not advanced before the trial court, and is unpreserved for review as a matter of law (see, People v Gayle, 162 A.D.2d 261, lv denied 76 N.Y.2d 857). The requested charge was properly denied, on the basis sought, i.e.,...

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