People v. Koonce

After a jury trial, defendant was convicted of possession with intent to deliver less than 50 grains of cocaine. On appeal, defendant argued, among other things, that the trial court erred by denying his motion to dismiss, or, alternatively, that the trial court erred by failing to give a “missing witness” instruction on the basis of the prosecution’s failure to produce a witness. The Court of Appeals rejected that argument and affirmed on authority of People v O’Quinn, 185 Mich App 40; 460 NW2d 264 (1990), holding that, while the prosecution is obligated to provide a defendant with…