The trial court properly denied defendant's request for a missing witness charge with respect to the victim's cousin, an eyewitness to the shooting. Contrary to defendant's contention, the prosecution established that it made diligent but unsuccessful efforts to obtain the witness's testimony, in that detectives spoke to the witness to urge him to cooperate, made trips to his home, and delivered subpoenas (see People v Rivera,
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PEOPLE v. BROOKS
62 A.D.3d 511 (2009)
878 N.Y.S.2d 730
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD BROOKS, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
May 14, 2009.
May 14, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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