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PEOPLE v. MELENDEZ

198 A.D.2d 41 (1993)

603 N.Y.S.2d 452

The People of the State of New York, Respondent, v. James Melendez, Also Known as James Hernandez, Appellant The People of the State of New York, Respondent, v. Freddy Guzman, Appellant

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

November 9, 1993

Most of the arguments defendants raise are not preserved as a matter of law, and in any event without merit. Concerning the trial court's refusal to give a missing witness charge, we would find, were we to review in the interest of justice, no prima facie showing that the witness in question was available, or under the People's control. (People v Duval, 172 A.D.2d 248, 249, lv denied 77 N.Y.2d 994.) Nor do we find the requests...

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