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PEOPLE v. FREEMAN

296 A.D.2d 312 (2002)

744 N.Y.S.2d 323

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAROLD FREEMAN, Appellant.

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

Decided July 2, 2002.

Defendant's request for a missing witness charge was properly denied both on the ground of untimeliness and on the merits. The request was not made "as soon as practicable" (People v Gonzalez, 68 N.Y.2d 424, 428), where it was made after both sides had finished presenting evidence and the court was about to proceed with summations and charge (see, People v Jordan, 277 A.D.2d 155, lv denied...

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