People v Smith
In the case People v Gonzales (68 NY2d 424 , the court outlined the conditioned required for a missing witness charge and burden shifting analysis. The court rules that the People failed to meet the criteria for that case.
The incident took place in May of 2013, when the victim was struck in the torso by a bullet. A stranger repeatedly shot at the victim and her boyfriend, JD. During the trial, the victim said that she and her JD were walking down the street in Rochester when JD called out to a car. The victim said the man in the car put on a jacket which was odd because it was a hot day. As they continued to walk, she noticed that the man with the jacket was following them. When the man got close, he pulled a gun and tried to push the victim to the ground. The victim didn’t fall to the ground and looked at the man. He smiled and shot her.