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PEOPLE v. ALISUAREZ

2017-13412. Ind. No. 883/15.

186 A.D.3d 1391 (2020)

128 N.Y.S.3d 880

2020 NY Slip Op 04959

The People of the State of New York, Respondent, v. Jairam C. Alisuarez, Appellant.

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

Decided September 16, 2020.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant's request for a missing witness charge. The defendant failed to meet his initial burden to demonstrate that the witness, who could not be located despite diligent efforts and who was hostile to the People, was under the People's control (see People v Lembhard, 154 A.D.3d 686 [2017]).

Contrary to the...

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