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PEOPLE v. DANTZLER

2006-10575.

2008 NY Slip Op 06164

THE PEOPLE, ETC., respondent, v. RANDALL DANTZLER, appellant.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Lynn W.L. Fahey, New York, N.Y. (Benjamin D. Gold of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.

Before: STEVEN W. FISHER, J.P., DAVID S. RITTER, ANITA R. FLORIO, EDWARD D. CARNI, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The trial court properly granted the People's request for a missing witness charge with respect to the defendant's mother since, according to the defendant's own testimony, she was sufficiently knowledgeable about his whereabouts at the time of the crime as to make her testimony material to his defense and not cumulative (see People v. Torres, 255 A.D.2d 129

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