Appellate Division of the Supreme Court of New York, 1999

People v. Thomas

People v. Thomas
Appellate Division of the Supreme Court of New York · Decided April 12, 1999
260 A.D.2d 511; 686 N.Y.S.2d 731; 1999 N.Y. App. Div. LEXIS 3789
People v. Thomas

Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Westchester County (Cirigliano, J.), rendered June 17, 1996, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court did not err in denying the defendant’s request for a missing witness charge because, inter alia, the defendant failed to establish that the witness in question would naturally have been expected to testify favorably to the prosecution (see, People v Gonzalez, 68 NY2d 424, 428). O’Brien, J. P., Joy, Krausman and Goldstein, JJ., concur.

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