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PEOPLE v. VELEZ

11305, 3450/07

112 A.D.3d 467 (2013)

975 N.Y.S.2d 882

2013 NY Slip Op 8212

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX VELEZ, Appellant.

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

Decided December 10, 2013.

Judgment, Supreme Court, Bronx County (Robert E. Torres, J.), rendered November 21, 2008, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.

The court properly denied defendant's request for a missing witness charge, since there was no evidence that the uncalled officer...

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