The court properly declined to give a missing witness charge regarding a witness who was clearly unavailable. Although the People had secreted him in a hotel for his own safety, he left the hotel, disobeyed a subpoena to appear, and could not be located despite diligent police efforts. Furthermore, although this witness was one of the victims of the assault, he had become hostile to the prosecution and could not be considered to be in the People's control for purposes of...
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