PEOPLE v. NEAL


204 A.D.2d 132 (1994)

611 N.Y.S.2d 187

The People of the State of New York, Respondent, v. Christopher Neal, Appellant

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

May 10, 1994


The trial court properly granted the People's request for a missing witness charge on the grounds that the uncalled witness had knowledge of a material issue in the case and would naturally be expected to testify favorably for the defense; that the witness was within the defendant's control, and that the efforts made by defendant to locate the witness did not demonstrate the required due diligence (People v Gonzalez, 68 N.Y.2d 424

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