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PEOPLE v. DUNCAN

187 Misc.2d 205 (2001)

721 N.Y.S.2d 912

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DANTON DUNCAN, Defendant.

Supreme Court, Kings County.

February 20, 2001.

Attorney(s) appearing for the Case

Carl Becker for defendant.

Charles J. Hynes, District Attorney of Kings County (Kieran P. Holohan of counsel), for plaintiff.

OPINION OF THE COURT

GUY J. MANGANO, JR., J.

The defendant stands convicted after a jury trial of assault in the second degree (Penal Law § 120.05) and menacing in the third degree (Penal Law § 120.15). Prior to summations, the People made a request for a missing witness charge based upon testimony given by the defendant. After the verdict, but before sentencing, defendant moved by notice of motion dated February 7, 2001, pursuant to CPL 330.30...

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