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PEOPLE v. MODESTE

1 Misc.3d 315 (2003)

764 N.Y.S.2d 561

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. SUSANNA MODESTE, Defendant.

Supreme Court, Kings County.

August 4, 2003.

Attorney(s) appearing for the Case

Salvatore Canonico and Joseph Ostrowsky for defendant.

Charles J. Hynes, District Attorney (Edward Purce of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

This decision explains the court's ruling during trial that neither the People nor the defendant were entitled to a missing witness instruction as to the complainant.1

On February 2, 2002, the defendant stabbed her boyfriend in the neck with a knife. The defendant and her boyfriend are the only witnesses to the incident. For this...

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