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PEOPLE v. THOMPSON

286 A.D.2d 453 (2001)

730 N.Y.S.2d 236

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN THOMPSON, Appellant.

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

Decided August 20, 2001.

Ordered that the judgment is affirmed.

The defendant's contention that the trial court erred in failing to give a missing witness charge is unpreserved for appellate review (see, 470.05 [2]). In any event, it is without merit, since the People demonstrated that the witness was not under their control (see, People v Macana, 84 N.Y.2d 173, 177-178).

The defendant's sentence was not illegal or excessive (see...

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