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PEOPLE v. TAVAREZ

288 A.D.2d 120 (2001)

733 N.Y.S.2d 342

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS TAVAREZ, Appellant.

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

Decided November 20, 2001.

Defendant's request for a missing witness charge regarding a "ghost" officer was properly denied since there was no evidence that he was in a position to make any relevant observations (see, People v Vasquez, 272 A.D.2d 226, lv denied 95 N.Y.2d 872). There was no testimony concerning the ghost's location at any time during the events in question (compare, People v Kitching, 78 N.Y.2d 532...

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