New York Court of Appeals
The People of the State of New York, Respondent v. Mark MacAna, Appellant
July 5, 199484 N.Y.2d 173
Summary
The Court of Appeals affirmed the conviction, holding that the trial court properly granted a missing‑witness charge against the defendant’s father and correctly denied such a charge against the officer who recovered the gun, and that the charge on temporary and innocent possession adequately instructed the jury. Justice Titone dissented, arguing the missing‑witness charge was improper because the father would likely invoke the Fifth Amendment.