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PEOPLE v. ROSARIO

191 A.D.2d 243 (1993)

595 N.Y.S.2d 5

The People of the State of New York, Respondent, v. Enrique Rosario, Appellant

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

March 11, 1993

The trial court did not err in denying defendant's request for a missing witness charge with respect to the second "ghost" officer on the buy-and-bust team. While the testimony of the undercover officer and the "ghost" who stood nearby during the transaction differed on some minor points, both officers positively identified defendant. Moreover, the request, which was made after both sides had rested, was untimely. (Cf., ...

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