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PEOPLE v. MENDEZ

1959, 2775/06

69 A.D.3d 445 (2010)

892 N.Y.S.2d 100

2010 NY Slip Op 198

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRITO MENDEZ, Appellant.

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

Decided January 12, 2010.

We find no error in the court's rulings on defendant's requests for missing witness charges. The record establishes that a ghost undercover officer was not in a position to provide any material, noncumulative testimony regarding the sale for which defendant was convicted (see People v Dianda, 70 N.Y.2d 894 [1987]), since the transaction took place at an indoor location outside the presence of the ghost officer, there was no evidence...

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