PEOPLE v. PROFIT


200 A.D.2d 639 (1994)

606 N.Y.S.2d 745

The People of the State of New York, Respondent, v. Samuel Profit, Appellant

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

January 18, 1994


Ordered that the judgment and amended judgment are affirmed.

The trial court did not err in denying the defendant's request for a missing witness charge with respect to the undercover officer's "ghost", who was assigned to observe the activities of the undercover officer. The record indicates that the sale took place inside a building and there is no evidence that the uncalled officer ever viewed the defendant or observed any part of the drug transaction. Consequently...

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