'Missing Witness' Rule Revisited

, New York Law Journal


In his Evidence column, Michael J. Hutter, a professor at Albany Law School, analyzes the Court of Appeals' decisions in 'Devito v. Feliciano,' which decided an issue involving the noncumulative testimony precondition for the missing witness charge, and 'People v. Thomas,' which addressed that precondition in the context of defense counsel's missing witness argument in summation which was made in the absence of a missing witness charge.

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