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Fourth Department – Missing witness charge: People v. Khiamdavanh
Daily Record Staff//March 11, 2025//
Fourth Department – Missing witness charge: People v. Khiamdavanh
Daily Record Staff//March 11, 2025//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Missing witness charge — Noncumulative testimony
KA 22-01110
Appealed from Oneida County Court
Background: The defendant appealed from his conviction of attempted murder, assault and criminal possession of a weapon stemming from a road rage incident where the defendant shot and severely injured the victim.
Ruling: The Appellate Division affirmed. The court held that there was no abuse of discretion in refusing to give a missing witness charge with respect to one of three men other than the defendant involved in the incident. The prosecution established that the testimony of the witness would have been cumulative and the defendant failed to demonstrate that the witness would be appropriate.
Christopher Jude Pelli for the defendant-appellant; Michael A. Labella, of the district attorney’s office, for the respondent.
Submitted
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