Opinion
November 10, 1998
Appeal from the Supreme Court, New York County (Michael Obus, J.).
The court properly granted the People's request for a missing witness charge with respect to defendant's mother since the evidence demonstrates that her testimony would have been material to defendant's alibi defense in that she was sufficiently knowledgeable on the alibi issue ( People v. Garcia, 260 A.D.2d 421). The testimony would not have been cumulative to the testimony of the other alibi witness since "the lines of dispute were drawn sharply in terms of credibility and the testimony of [defendant's mother,] the only additional person who was present [with defendant at the apartment when the crime took place], might have made the difference" on this material issue ( People v. Rodriguez, 38 N.Y.2d 96, 101; see also, People v. Brockington, 184 A.D.2d 646, 647, lv denied 80 N.Y.2d 927).
Concur — Lerner, P. J., Sullivan, Nardelli and Rubin, JJ.