People v. Gayle

Judgment of the Supreme Court, Bronx County (Elbert C. Hinkson, J.), rendered November 17, 1987, convicting defendant, after jury trial, of two counts of murder in the second degree and of attempted robbery in the first degree and sentencing him to two indeterminate terms of imprisonment of from 20 years to life for the murder counts and from 4 to 12 years for the attempted robbery count, all terms to run concurrently, unanimously affirmed.

The claim that the trial court’s denial of the defense request for a missing witness charge at the close of defendant’s case deprived him of his due…