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PEOPLE v. THOMAS

56 A.D.3d 1241 (2008)

867 N.Y.S.2d 595

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

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

November 14, 2008.

Memorandum:

On appeal from a judgment convicting him upon a jury verdict of assault in the second degree (Penal Law § 120.05 [7]), defendant contends that County Court erred in denying his request for a missing witness charge with respect to two individuals who were in the room where the assault took place. We reject that contention. Defendant failed to meet his burden of establishing that the individuals were knowledgeable about the assault by defendant (

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