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PEOPLE v. LOPEZ

8002. 3871/13.

168 A.D.3d 418 (2019)

90 N.Y.S.3d 170

2019 NY Slip Op 00043

The People of the State of New York, Respondent, v. Andres Lopez, Appellant.

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

Decided January 3, 2019.

The court properly denied defendant's request for a missing witness charge as to the victim, who had relocated to another state and failed to reveal her new address or otherwise cooperate in any way with the prosecution. The People established that, notwithstanding her status as a victim, she could not be deemed under the People's control for missing witness purposes, and was likewise unavailable (see People v Gonzalez,...

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