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PEOPLE v. WALKER

Appellate Division of the Supreme Court of New York, Second Department.
May 26, 1998

Ordered that the judgment is affirmed.

The trial court correctly denied the defendant's request for a missing witness charge concerning two eyewitnesses. The prosecution is not required to present the testimony of all eyewitnesses (see, People v. Stridiron, 33 N.Y.2d 287, 292). The uncalled witnesses' testimony here would merely have been cumulative (see, People v. Gonzalez, 68 N.Y.2d 424, 428; People v. David, 243 A.D.2d 486).

O'Brien, J.P., Sullivan, Pizzuto and Krausman, JJ., concur.