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PEOPLE v. LUBRANO

43 A.D.3d 829 (2007)

844 N.Y.S.2d 319

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS A. LUBRANO, Appellant.

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

Decided September 4, 2007.

Ordered that the judgment is affirmed.

The trial court correctly denied the defendant's request for a missing witness charge with respect to a particular uncalled witness because the request, which was made after both sides had rested, was untimely (see People v Simon, 6 A.D.3d 733 [2004]; People v McCloud, 305 A.D.2d 428 [2003]). In any event, the defendant failed to make a prima...

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