People v. Brownlee

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldsmith, J.), rendered February 24, 1992, convicting *521him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

We find that it was error for the trial court to grant the prosecution’s request for a missing witness charge. The trial record shows that after interviewing the witness in question prior to the close of evidence, the prosecution admitted that the witness…