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PEOPLE v. TYSON

220 A.D.2d 240 (1995)

633 N.Y.S.2d 1

The People of the State of New York, Respondent, v. Eric Tyson, Appellant

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

October 5, 1995

The court properly declined to give a missing witness charge with respect to a livery cab driver as he was unavailable at the time of trial and the People demonstrated reasonable efforts to locate the witness (People v Gonzalez, 68 N.Y.2d 424, 428).

The court was empowered to impose consecutive sentences as the acts underlying the two relevant convictions were separate and discrete (see, People v Brathwaite...

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