PEOPLE v. LEGRAND


275 A.D.2d 932 (2000)

715 N.Y.S.2d 180

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES LEGRAND, Appellant.

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

Decided September 29, 2000.


Judgment unanimously affirmed.

Memorandum:

Supreme Court properly denied defendant's request for a missing witness charge. Although defendant met his initial burden of establishing that the uncalled witness was knowledgeable about pending material issues and that such witness would be expected to provide testimony favorable to the People, the People demonstrated that the witness was not available (see, People v Gonzalez, 68 N.Y.2d 424...

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