PEOPLE v. MARTIN


208 A.D.2d 770 (1994)

617 N.Y.S.2d 782

The People of the State of New York, Respondent, v. Derrick Martin, Appellant

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

October 17, 1994


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the trial court did not commit reversible error by denying his request for a "missing witness" charge with respect to the complainant's nine-year-old sister, who, according to the complainant, was with her not only at the time the complainant was accosted, but also on several other occasions within two weeks of the robbery during which time the complainant had purportedly observed the...

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