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PEOPLE v. BINYON

48 A.D.3d 473 (2008)

849 N.Y.S.2d 800

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACQUELYN BINYON, Appellant.

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

Decided February 5, 2008.

Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the Supreme Court erred in denying her request for a missing witness charge with respect to one of the complainants. The People established that the uncalled witness, who had left the country, was unavailable (see People v Gonzalez 68 N.Y.2d 424 [1986]; People v Benjamin, 210 A.D.2d 418 [1994...

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