People v. Buster
Opinion of the Court
—Appeal by the defen
Ordered that the judgment is affirmed.
The defendant’s contention that the trial court erred in refusing to give a missing-witness charge is unpreserved for appellate review, as the defendant failed to request the charge and cannot rely on the request of a codefendant (see, People v Laboy, 208 AD2d .954).
In light of the sufficiency of the corroborative evidence, any error committed by the trial court in refusing to instruct the jury that the defendant could not be convicted without corroboration of his confession was harmless (see, People v Coombs, 184 AD2d 651; People v Pullman, 234 AD2d 955; People v Rosado, 194 AD2d 466). Mangano, P. J., Santucci, Joy and Lerner, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.