Majority
p. 328The People of the State of New York, Respondent, v Darryl Walker, Also Known as Alvoyd Doby, Appellant. [638 NYS2d 913]
The trial court properly denied defendant’s request for a missing witness charge, defendant having failed to establish prima facie that the witness was knowledgeable about a pending material issue (see, People v Gonzalez, 68 NY2d 424 , 427-428). Defendant’s remaining contentions are unpreserved and without merit. Concur — Ellerin, J. P., Rubin, Ross, Williams and Tom, JJ.
Cases cited
- People v. Gonzalez 68 NY2d 424 at 427-428 p. 328