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PEOPLE v. JOHNSON

219 A.D.2d 809 (1995)

632 N.Y.S.2d 357

The People of the State of New York, Respondent, v. Richard Johnson, Appellant

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

September 29, 1995

Judgment unanimously affirmed.

Memorandum:

Supreme Court erred in refusing to give a missing witness charge. In light of the overwhelming evidence against defendant, however, such error is harmless; there is no significant probability that the jury would have otherwise acquitted defendant (see, People v Fields, 76 N.Y.2d 761; People v Crimmins,

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