PEOPLE v. SULLIVAN


4 A.D.3d 223 (2004)

771 N.Y.S.2d 661

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MITCHELL SULLIVAN, Appellant.

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

February 24, 2004.


Defendant's request for a missing witness instruction was properly denied. The witness, a security employee for the hospital at which the crime occurred, played a peripheral role in defendant's arrest and the court correctly concluded that he could not provide material, noncumulative testimony (see People v Gonzalez, 68 N.Y.2d 424 [1986]). In any event, were we to find any error in the denial of the requested charge, we would find...

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