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,
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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.https://leagle.com/images/logo.png
May 10, 1994
May 10, 1994
Appellate Division of the Supreme Court of the State of New York, First Department.
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