Majority
p. 975The People of the State of New York, Respondent, v Peter Miles, Appellant. [622 NYS2d 638]
—Judgment unanimously affirmed. Memorandum: There is no merit to the contention of defendant that the trial court erred in giving a missing witness charge; the record shows that the court denied the People’s request for such a charge and instructed the jury in accordance with a charge agreed upon by both attorneys.
There is also no merit to the contention that defendant was
p. 976
prejudiced by the People’s failure to call Cheryl Riley as a witness. The record fails to disclose any evidence that such a person was available or even existed. In any event, the prosecution had no duty to call her as a witness (see, People v Vaughn, 35 AD2d 889 ). The court’s charge to the jury on reasonable doubt was proper in all respects. Finally, we conclude that the verdict is supported by legally sufficient evidence (see, People v Bleakley, 69 NY2d 490 , 495). (Appeal from Judgment of Genesee County Court, Morton, J.—Burglary, 2nd Degree.) Present—Pine, J. P., Fallon, Wesley, Callahan and Davis, JJ.
Cases cited
- People v. Vaughn 35 AD2d 889 p. 976
- People v. Bleakley 69 NY2d 490 at 495 p. 976