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PEOPLE v. WHITEHURST

287 A.D.2d 320 (2001)

731 N.Y.S.2d 157

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VANESSA WHITEHURST, True Name LAVONE OLIN, Appellant.

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

Decided October 16, 2001.

The court properly refused to give a missing witness charge regarding a "ghost" undercover officer since defendant failed to make a prima facie showing that the officer in question was in a position to observe the drug transaction (People v Kitching, 78 N.Y.2d 532; People v Vasquez, 272 A.D.2d 226, lv denied 95 N.Y.2d 872). The purchasing undercover officer clearly testified that...

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