People v. Parris

Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered December 22, 1994, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 3 to 9 years, unanimously affirmed.

The court properly declined to give the jury a missing witness instruction with respect to a cab driver who dropped the complainant off at a police car following the robbery since defendant failed to establish that the driver, who was not present during the robbery, was knowledgeable with respect to a material issue in the case and was expected to testify favorably to *222t…