People v. Dillon

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered July 9, 1987, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We reject the defendant’s contention that the trial court erred in giving the jury a missing witness charge concerning his failure to produce his cousin as a witness. The defendant’s justification defense rested on his testimony that the deceased was the initial aggressor. During cross-examination of the defendant, he testified that his cousin was with…