What is the test for establishing that a witness is needed to establish the innocence of a defendant?
"New York", United States of America
The following excerpt is from People v. Goggins, 313 N.E.2d 41, 34 N.Y.2d 163, 356 N.Y.S.2d 571 (N.Y. 1974):
Bare assertions or conclusory allegations by a defendant that a witness is needed to establish his innocence will not suffice. Instead he must show a basis in fact to establish that his demand does not have an improper motive and is not merely an angling in desperation for possible weaknesses in the prosecution's investigation (see Roviaro v. United States, Supra, pp. 53--65, 77 S.Ct. 623).
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