People v. Vasquez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

It was error to deny defendant’s timely request for a missing witness charge. On this appeal, the People do not dispute that defendant met her initial burden of establishing prima facie that the police informant Ephraim Pena was knowledgeable about a pending material issue in the case — albeit an issue that was raised by the defendant. Moreover, it cannot be doubted that there was a sufficient showing that Pena was in the "control” of the People and could be expected to testify…