PEOPLE v. ORTIZ


44 A.D.3d 364 (2007)

844 N.Y.S.2d 7

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE ORTIZ, Appellant.

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

Decided October 9, 2007.


The court properly denied defendant's request for a missing witness charge as to the victim's brother, since defendant did not establish that he was in a position to see or hear any of the events at issue, and thus to provide material testimony as to whether or not they occurred (see People v Dianda, 70 N.Y.2d 894 [1987]). Moreover, after unsuccessfully requesting a missing witness instruction, defense counsel interviewed the witness...

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