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PEOPLE v. SMITH

No. 44.

33 N.Y.3d 454 (2019)

128 N.E.3d 649

104 N.Y.S.3d 572

2019 NY Slip Op 04447

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL J. SMITH, Appellant.

Court of Appeals of New York.

Decided June 6, 2019.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Drew R. DuBrin of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Daniel Gross of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON concur.

OPINION OF THE COURT

In People v Gonzalez (68 N.Y.2d 424 [1986]), we set forth the conditions necessary to warrant a missing witness charge and a burden-shifting analysis to determine whether those conditions are met. We hold that the People failed to meet their burden under this established...

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