The verdict was not against the weight of the evidence. We see no reason to disturb the jury's credibility determinations (see, People v Gaimari, 176 N.Y. 84, 94).
The court properly granted the People's request for a missing witness charge with regard to defendant's girlfriend, who was under the control of defendant and whose noncumulative testimony on the issue of defendant's whereabouts at the time the crime was committed would have been material...
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