PEOPLE v. SOTO


297 A.D.2d 567 (2002)

747 N.Y.S.2d 160

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EFRAIM SOTO, Appellant.

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

Decided September 24, 2002.


The People's request for a missing witness charge as to a person who, according to defendant's trial testimony, asked defendant to buy drugs for her on the date in question, was properly granted. Given defendant's testimony that the person was his friend and next-door neighbor, for whom defendant was willing to secure drugs with his own money, it is reasonable to presume that she would testify favorably for defendant. Accordingly, the element of "control" was sufficiently...

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