People v. Modeste

*316OPINION OF THE COURT

John M. Leventhae, J.

This decision explains the court’s ruling during trial that neither the People nor the defendant were entitled to a missing witness instruction as to the complainant.1

On February 2, 2002, the defendant stabbed her boyfriend in the neck with a knife. The defendant and her boyfriend are the only witnesses to the incident. For this incident the defendant was indicted for assault in the first and second degrees.

Prior to trial, both parties submitted a witness list. The defendant’s boyfriend’s/complainant’s name did not appear on either the prosecutor’s or…