Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Supreme Court erred in denying defendant's request for a missing witness charge. Defendant met his initial burden of demonstrating that the uncalled witness, a paid informant who arranged and witnessed the sale of cocaine, was "knowledgeable about a pending material issue and that such witness would be expected to testify favorably to the opposing party" (People v Gonzalez,...
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