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PEOPLE v. TORRES

255 A.D.2d 129 (1998)

681 N.Y.S.2d 235

The People of the State of New York, Respondent, v. Martin Torres, Appellant

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

November 10, 1998

The court properly granted the People's request for a missing witness charge with respect to defendant's mother since the evidence demonstrates that her testimony would have been material to defendant's alibi defense in that she was sufficiently knowledgeable on the alibi issue (People v Garcia, 250 A.D.2d 421). The testimony would not have been cumulative to the testimony of the other...

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