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PEOPLE v. GORDON

209 A.D.2d 716 (1994)

619 N.Y.S.2d 944

The People of the State of New York, Respondent, v. Dennis Gordon, Appellant

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

November 28, 1994

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, we find that the court properly denied the defendant's request for a missing witness charge. Review of the record demonstrates, among other things, that the uncalled witness's testimony would have been cumulative to other evidence (see, People v Kitching, 78 N.Y.2d 532; People v Gonzalez, 68 N.Y.2d 424

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