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PEOPLE v. PAUL

288 A.D.2d 139 (2001)

732 N.Y.S.2d 861

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC PAUL, Appellant.

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

Decided November 27, 2001.

Defendant's request for a missing witness charge was properly denied since there was no showing that the witness would have provided testimony concerning a material issue (see, People v Gonzalez, 68 N.Y.2d 424, 427-428). In any event, were we to find any error in this regard, we would find it to be harmless.

Defendant's constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender...

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