PEOPLE v. MOORE


268 A.D.2d 491 (2000)

701 N.Y.S.2d 642

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELI MOORE, Appellant.

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

Decided January 18, 2000.


Ordered that the judgment is affirmed.

The trial court properly denied the defendant's request for a missing witness charge based on the People's failure to call one of the police officers who had been at the scene of the crime. The defendant failed to make a prima facie showing that the witness could be expected to have knowledge about a material issue in the case or that his testimony would be favorable to the People (see, People v Macana,

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