PEOPLE v. MOORE

8840, 1040/15.

171 A.D.3d 406 (2019)

95 N.Y.S.3d 520

2019 NY Slip Op 02449

The People of the State of New York, Respondent, v. Jarel Moore, Appellant.

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

Decided April 2, 2019.


The court providently exercised its discretion in denying defendant's request for a missing witness charge as to a "ghost" undercover officer. The trial evidence only established that, from a sufficient distance away to avoid being seen, the ghost was monitoring and broadcasting the purchasing undercover officer's location and movements. Any testimony by the ghost on that subject would have been cumulative. Defendant failed to make a prima facie showing that the ghost was...

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