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PEOPLE v. BUSH

Ind. No. 949/18. Appeal No. 12684. Case No. 2019-05067.

189 A.D.3d 643 (2020)

138 N.Y.S.3d 31

2020 NY Slip Op 07722

The People of the State of New York, Respondent, v. Steven Bush, Appellant.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Robert Caliendo , Brooklyn, for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Diana Wang of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Singh, Kennedy, Shulman, JJ.

The trial court providently exercised its discretion in denying defendant's request for a missing witness instruction regarding the shooting victim. upon its finding that he was not under the People's control for missing witness purposes (see People v Gonzalez, 68 N.Y.2d 424, 428-430 [1986]). Notwithstanding his status as a crime victim, the uncalled witness was uncooperative and hostile toward the People, and thus could not be expected...

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