People v. Puckett

—Judgment *1042unanimously reversed on the law and new trial granted. Memorandum: The trial court erred in denying defendant’s request for a missing witness charge. Defendant met his initial burden of demonstrating that the uncalled witness, the victim of the assault, was "knowledgeable about a pending material issue and that such witness would be expected to testify favorably to the opposing party” (People v Gonzalez, 68 NY2d 424, 428). It is undisputed that the witness was knowledgeable about the assault, and that his testimony would be material and relevant and not cumulative to other evidence…