People v. Nieves

Rubin, J.,

dissents and votes to affirm the judgment appealed from, with the following memorandum: The majority concedes that the complainant’s testimony, which the jury credited, was legally sufficient to establish the defendant’s *605guilt. I concur with that finding. However, the majority would reverse because the court gave a missing witness charge with respect to the defendant’s wife, who was present in the courtroom at trial, for the reason such testimony was allegedly merely cumulative with reference to defendant’s alibi defense. With the latter, I disagree.

The critical issue here is the…