It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting her after a jury trial of arson in the third degree (Penal Law § 150.10 [1]) in connection with a fire at her residence. Supreme Court erred in denying defendant's request for a missing witness charge based on the People's failure to call her husband as a witness. Defendant established that her...
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