Defendant's request for a missing witness charge was properly denied. Defendant failed to make a prima facie demonstration that the witness was available for trial, particularly in light of the trial testimony concerning his disappearance, or that his testimony would not be merely cumulative of the testimony of the other three witnesses who were present in the apartment at the time of the robberies (see, People v Kitching,
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PEOPLE v. BLACK
242 A.D.2d 465 (1997)
662 N.Y.S.2d 468
The People of the State of New York, Respondent, v. Natch Black, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
September 18, 1997
September 18, 1997
Appellate Division of the Supreme Court of the State of New York, First Department.
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