PEOPLE v. DIAZ

3896. 3876/13.

150 A.D.3d 423 (2017)

2017 NY Slip Op 03608

51 N.Y.S.3d 406

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY DIAZ, Appellant.

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

Decided May 4, 2017.


The court providently exercised its discretion in denying defendant's request for a missing witness charge. The request, which came at a charge conference after defendant had testified and both sides had rested, was plainly untimely (see People v Gonzalez, 68 N.Y.2d 424, 428 [1986]; People v Medina, 35 A.D.3d 163, 163 [1st Dept 2006], lv denied 8 N.Y.3d 925 [2007]), and defendant...

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