The court properly declined to give the jury a missing witness instruction with respect to an employee at the pizzeria where the robbery occurred. The evidence at trial established that the employee was not present during the robbery and only became involved in the incident when he briefly participated in a chase of defendant. Defendant failed to show that the employee could provide material, non-cumulative evidence (see, People v Gonzalez,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
