PEOPLE v. McFARLANE


189 A.D.2d 785 (1993)

The People of the State of New York, Respondent, v. Elsworth McFarlane, Appellant

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

January 11, 1993


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his conviction need not be set aside due to the court's failure to provide a missing witness charge as to uncalled police officers who were present at the scene of his arrest. Although the defendant did make a prima facie showing that at least two officers were available to the People and would have had knowledge about a material issue upon which evidence was already in the case (see...

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