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PEOPLE v. SAVINON

100 N.Y.2d 192 (2003)

791 N.E.2d 401

761 N.Y.S.2d 144

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS SAVINON, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 2003.

Attorney(s) appearing for the Case

James Kousouros, Kew Gardens, for appellant.

Robert M. Morgenthau, District Attorney, New York City (Mark Dwyer of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, GRAFFEO and READ concur.

OPINION OF THE COURT

ROSENBLATT, J.

In this prosecution for forcible rape and related crimes, we address the components of the adverse inference instruction dealing with "uncalled" or "missing" witnesses. The precise question presented is whether the trial court improperly granted the People's request for an adverse inference instruction after defendant failed to produce his friend and former employee, the...

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