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PEOPLE v. SMITH

254 A.D.2d 312 (1998)

678 N.Y.S.2d 285

The People of the State of New York, Respondent, v. Clarence Smith, Appellant

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

October 5, 1998

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not entitled to a missing witness charge. The defendant did not make the requisite prima facie showing that the uncalled witness was knowledgeable about a material issue in the case, that he would be expected to testify favorably to the People, and that he was under their control (see, People v Gonzalez, 68 N.Y.2d 424; People v...

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