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PEOPLE v. MOORE
Appellate Division of the Supreme Court of New York, Second Department.
Jan 18, 2000
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DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court properly denied the defendant's request for a missing witness charge based on the People's failure to call one of the police officers who had been at the scene of the crime. The defendant failed to make a prima facie showing that the witness could be expected to have knowledge about a material issue in the case or that his testimony would be favorable to the People (see,People v. Macana, 84 N.Y.2d 173 ; People v. Smith, 254 A.D.2d 312 ).
O'BRIEN, J.P., S. MILLER, McGINITY, and SMITH, JJ., concur.
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