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People v. Henao

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1991
169 A.D.2d 551 (N.Y. App. Div. 1991)

Opinion

January 22, 1991

Appeal from the Supreme Court, New York County (John A.K. Bradley, J.).


Defendant claims on appeal that the trial court erred in granting the People's request for a missing witness charge regarding an uncalled witness who, defendant testified, he had seen and spoken with just days before the trial began, and who could give information that he and defendant were together near the scene of the robbery for innocent purposes. The trial court duly considered all information offered by defendant regarding the availability of the uncalled witness, and properly gave the missing witness charge upon determination that the uncalled witness possessed knowledge about a material issue in evidence, would be expected to provide testimony favorable to defendant, and was available in the circumstances as presented to the court. (People v Gonzalez, 68 N.Y.2d 424.)

Concur — Milonas, J.P., Ellerin, Ross, Kassal and Rubin, JJ.


Summaries of

People v. Henao

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1991
169 A.D.2d 551 (N.Y. App. Div. 1991)
Case details for

People v. Henao

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISMAEL HENAO, Appellant

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

Date published: Jan 22, 1991

Citations

169 A.D.2d 551 (N.Y. App. Div. 1991)
564 N.Y.S.2d 403