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PEOPLE v. McFADDEN

299 A.D.2d 179 (2002)

749 N.Y.S.2d 243

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARQUEZ McFADDEN, Appellant.

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

Decided November 12, 2002.

The court properly denied defendant's request for a missing witness charge as to two individuals. Although the court failed to make any determinations as to such relevant factors as timeliness of application, control, availability, materiality and cumulativeness (see People v Gonzalez, 68 N.Y.2d 424), and summarily denied the application without hearing from the People on any of these issues, the record is sufficient for this Court...

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