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PEOPLE v. GREEN

3 A.D.3d 428 (2004)

770 N.Y.S.2d 621

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CAINE GREEN, Appellant.

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

January 22, 2004.

The court properly granted the prosecutor's request for a missing witness charge with respect to defendant's wife, who was in a position to provide material, noncumulative testimony, in that the evidence established that she accompanied defendant throughout the time period at issue (see People v Hagans, 306 A.D.2d 149 [2003]).

Even assuming that some of the prosecutor's voir dire questions to prospective jurors about their...

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