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PEOPLE v. OWENS

267 A.D.2d 47 (1999)

700 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARNEST OWENS, Appellant.

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

Decided December 7, 1999.

The court properly exercised its discretion in denying defendant's request for a missing witness charge since defendant did not make a prima facie showing that the uncalled witness was knowledgeable about a material issue or capable of providing noncumulative testimony (see, People v Gonzalez, 68 N.Y.2d 424).

The court properly exercised its discretion in denying defendant's mistrial motion based on the cross-examination...

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