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PEOPLE v. MORGAN

228 A.D.2d 704 (1996)

646 N.Y.S.2d 9

The People of the State of New York, Respondent, v. Albert Morgan, Appellant

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

June 24, 1996

Ordered that the judgment is affirmed.

The court erred in failing to give a missing witness charge with respect to the People's failure to call one of the eyewitnesses to the crimes. However, the eyewitness who did testify at trial provided a clear connection between the defendant and the crimes. The eyewitness stated that he observed the defendant running after the victim while firing several shots, bending down and grabbing...

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