People v. Congilaro

Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in refusing his request to instruct the jury that they could draw an unfavorable inference from the People’s failure *965to call defendant’s girlfriend as a witness. Since defendant’s girlfriend, after providing testimony favorable to the People before the Grand Jury, recanted that testimony and provided defense counsel with a statement that exculpated defendant, the trial court properly denied defendant’s request for a missing witness charge because she could not reasonably be expected to testify in the…