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PEOPLE v. SILVESTRE

Ind. No. 2777/10. Appeal No. 12092. Case No. 2016-940.

187 A.D.3d 552 (2020)

130 N.Y.S.3d 671

2020 NY Slip Op 05827

The People of the State of New York, Respondent, v. Pedro Silvestre, Appellant.

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

Decided October 15, 2020.

The court providently exercised its discretion in denying as untimely defendant's request for a missing witness charge as to a confidential informant. Defendant made the request long after both sides had rested, and more than a month after the People's pretrial announcement that they were not going to call the witness (see People v Carr, 14 N.Y.3d 808 [2010]; People v Torres, 169 A.D.3d 506

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