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PEOPLE v. GALLARDO

58 A.D.3d 867 (2009)

873 N.Y.S.2d 106

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD GALLARDO, Appellant.

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

January 27, 2009.

Ordered that the judgment is affirmed.

The trial court providently exercised its discretion in declining to give a missing witness instruction to the jury (see People v Savinon, 100 N.Y.2d 192, 196 [2003]; People v Gonzalez, 68 N.Y.2d 424, 427 [1986]). Contrary to the defendant's contentions, the witness's testimony would have been cumulative (see People v Rivera, ...

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