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PEOPLE v. RAMIREZ

208 A.D.2d 384 (1994)

617 N.Y.S.2d 17

The People of the State of New York, Respondent, v. Rene Ramirez, Appellant

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

October 6, 1994

The trial court properly instructed the jury on defendant's failure to call his wife to testify in his behalf. Though defendant and his wife were apparently separated, on this record, it is clear that she was still under his control as a witness (see, People v Gonzalez, 68 N.Y.2d 424, 428-429), a conclusion not altered by the fact that she was served with a subpoena. People v Santiago (187 A.D.2d 255...

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