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MATTER OF DAVID W.

7961. 7960.

167 A.D.3d 529 (2018)

88 N.Y.S.3d 873

2018 NY Slip Op 09003

In the Matter of David W., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided December 27, 2018.

The court properly declined to draw a missing witness inference as to the victim. The presentment agency sufficiently established that the victim was unavailable (see People v Savinon, 100 N.Y.2d 192 [2003]), and that the agency did not "merely go through the motions of asking [the] witness to testify," with the "ulterior goal of keeping the witness off the stand" (id. at 200). The victim's whereabouts were unknown by the...

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