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PEOPLE v. ABELSON

27 A.D.3d 301 (2006)

812 N.Y.S.2d 47

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IAN ABELSON, Appellant.

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

March 16, 2006.

The court properly denied defendant's request for a missing witness charge as to the victim's former girlfriend. The court correctly concluded that this witness was not under the People's control for purposes of a missing witness charge (see People v Gonzalez, 68 N.Y.2d 424, 428-429 [1986]; compare People v Keen, 94 N.Y.2d 533, 539-540 [2000]). The victim's brief relationship with the witness...

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