Majority
p. 511The People of the State of New York, Respondent, v Calvin Thomas, Also Known as Kelvin Thomas, Also Known as Kelvin Franklin, Also Known as Lester Davis, Appellant. [686 NYS2d 731]
—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.
Cases cited
- People v. Gonzalez 68 NY2d 424 at 428 p. 511