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PEOPLE v. GARDINE

293 A.D.2d 287 (2002)

740 N.Y.S.2d 52

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE GARDINE, Appellant.

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

Decided April 4, 2002.

The court properly refused to give a missing witness charge regarding a child who may have witnessed the murder. Defendant failed to make a prima facie showing that the child was in the "control" of the People (see, People v Gonzalez, 68 N.Y.2d 424, 427-428).

The record established that the child, who was about 12 or 13 years old, refused to speak to the police, that the child's mother informed the police that she would not...

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