PEOPLE v. WEBB


203 A.D.2d 606 (1994)

612 N.Y.S.2d 936

The People of the State of New York, Respondent, v. Stanley Webb, Appellant

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

April 25, 1994


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied his request for a missing witness charge as the witness was essentially a stranger to both parties, equally available to both parties, and the evidence did not clearly demonstrate that he was under the control of one party and hostile to another (see, People v Swinton, 200 A.D.2d 892; People v Reyes<...

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