Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Eli Moore, Appellant

268 A.D.2d 491701 N.Y.S.2d 642·New York Supreme Court, Appellate Division·2000·NY

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Opinion

The People of the State of New York, Respondent, v Eli Moore, Appellant. [701 NYS2d 642] [MAJORITY] —Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered September 23, 1998, convicting him of attempted grand larceny in the third degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence. 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 NY2d 173; People v Smith, 254 AD2d 312). O’Brien, J. P., S. Miller, McGinity and Smith, JJ., concur.