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PEOPLE v. SMITH

279 A.D.2d 259 (2001)

719 N.Y.S.2d 33

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 4, 2001.

The court properly denied defendant's request for a missing witness charge as to the owner of the vehicle that had been broken into by defendant. Under the particular circumstances, the court properly concluded that the vehicle owner should not be deemed to be under the People's "control" solely by virtue of his status as the victim of the crime (compare, People v Robertson, 205 A.D.2d 243, 246, lv denied 85 N.Y.2d 913). The...

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