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PEOPLE v. ROBERTSON

205 A.D.2d 243 (1994)

The People of the State of New York, Respondent, v. Lawrence Robertson, Appellant

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

November 15, 1994

Attorney(s) appearing for the Case

John R. Wing of counsel (Victoria A. Kummer on the brief; Weil, Gotshal & Manges, attorneys), for appellant.

Ann C. Sullivan of counsel (Patrick J. Hynes on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

CARRO, J. P., KUPFERMAN, NARDELLI and TOM, JJ., concur.

ROSENBERGER, J.

The defendant was entitled to a missing witness charge with respect to the complainant's two cousins, who were eyewitnesses to the incident at issue.

Only the 15-year-old complainant and the defendant testified as to what occurred on a subway train at 1:00 A.M. on December 26, 1992. According to the complainant, he and his cousins, 15-year-old Gregory Scott and 13-year-old Samuel Artis...

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