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PEOPLE v. RODRIGUEZ

210 A.D.2d 25 (1994)

619 N.Y.S.2d 565

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

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

December 1, 1994

While the prosecutor improperly made a brief reference before the jury to the fact that defendant had failed to produce a witness who was not under defendant's control (see, People v Rodriguez, 38 N.Y.2d 95, 98), that statement was made in reliance upon the court's initial response that it would issue a missing witness charge, although the charge was never given. However, proof of...

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