PEOPLE v. MITCHELL

2004-06318

68 A.D.3d 1019 (2009)

2009 NY Slip Op 9495

892 N.Y.S.2d 442

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME MITCHELL, Appellant.

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

Decided December 15, 2009.


Ordered that the judgment is affirmed.

The defendant's convictions arose out of an incident involving three accomplices. One of the accomplices testified at trial, another could not be found after diligent efforts, and the other was not called to testify by the People. The court granted the defendant's request for a missing witness charge and failed to draw an inference against the People. Contrary to the defendant's contention, the trier of fact is not required to...

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