New York Court of Appeals

The People of the State of New York, Respondent v. Carlos Savinon, Appellant

June 5, 2003100 N.Y.2d 192

Summary

The Court affirmed the conviction, holding that the trial court properly gave a missing‑witness adverse inference instruction because the defendant’s friend Camacho was both available and under the defendant’s control, satisfying the Gonzalez preconditions.