Majority
p. 1012The People of the State of New York, Respondent, v Clyde Devonshire, Appellant.
Judgment unanimously affirmed. Memorandum: The trial court properly denied defendant’s request for a missing witness charge. Defendant did not establish that the witness could be expected to testify favorably to the People or that the witness was under the People’s control (see, People v Gonzalez, 68 NY2d 424 , 427-428; People v
p. 1013
Mendez, 138 AD2d 637 , 638, lv denied 71 NY2d 1030 ). (Appeal from judgment of Supreme Court, Erie County, Kasler, J.— promoting prostitution, third degree.) Present — Doerr, J. P., Denman, Boomer, Green and Pine, JJ.
Cases cited
- People v. Gonzalez 68 NY2d 424 at 427-428 p. 1012
- People v. Mendez 138 AD2d 637 at 638 p. 1013