PEOPLE v. LEMBHARD

2014-07598, 2017-09351.

154 A.D.3d 686 (2017)

61 N.Y.S.3d 658

2017 NY Slip Op 06944

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GOSFORD LEMBHARD, Appellant.

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

Decided October 4, 2017.


Ordered that the judgments are affirmed.

Contrary to the defendant's contention, the County Court providently exercised its discretion in declining to give a missing witness instruction to the jury, as the People established that the witness was not available despite the People's diligent efforts to locate him and he was not within their control such that he would be expected to testify in their favor (see People v Savinon, 100 N.Y.2d 192<...

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