The People had omitted the complainant from their witness list because they were unable to locate him in the two years between the incident and the trial. However, after the jury was selected, and just before opening arguments, they advised the court that they had located the complainant, and the court permitted him to testify the next day.
Defense counsel clearly "relied to her detriment on her expectation that the People would not call this witness," the sole eyewitness...
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