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PEOPLE v. BROWNLEE

199 A.D.2d 520 (1993)

606 N.Y.S.2d 26

The People of the State of New York, Respondent, v. Michael Brownlee, Appellant

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

December 27, 1993

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

We find that it was error for the trial court to grant the prosecution's request for a missing witness charge. The trial record shows that after interviewing the witness in question prior to the close of evidence, the prosecution admitted that the witness had no recollecton of the incident and...

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