Majority
p. 560The People of the State of New York, Respondent, v Nathaniel Evans, Appellant. [698 NYS2d 912]
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Griffin, J.), rendered August 27, 1997, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s assertions, the trial court did not err in denying his motion for a missing witness charge (see, People v Ortiz, 83 NY2d 989 ). The People established that the testimony sought would have been merely cumulative (see, People v Gonzalez, 68 NY2d 424 ; People v Tate, 199 AD2d 291 ).
The sentence was not excessive (see, People v Suitte, 90 AD2d 80 ).
The defendant’s remaining contentions are without merit. Ritter, J. P., McGinity, H. Miller and Feuerstein, JJ., concur.
Cases cited
- People v. Ortiz 83 NY2d 989 p. 560
- People v. Gonzalez 68 NY2d 424 p. 560
- People v. Suitte 90 AD2d 80 p. 560