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.