People v. Reyes — 301 A.D.2d 540

Majority

p. 540

The People of the State of New York, Respondent, v Joshua Luis Reyes, Also Known as Angel Reyes, Appellant.

[752 NYS2d 902]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered April 3, 1998, as amended April 6, 1998, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

Contrary to the defendant’s contention, the trial court properly denied his request for a missing witness charge concerning an eyewitness. The defendant failed to establish that the uncalled witness was expected to testify favorably for the prosecution (see People v Jones, 294 AD2d 517 ). Moreover, the uncalled eyewitness’s testimony would merely have been cumulative (see People v Walker, 250 AD2d 868 ).

p. 541

The Supreme Court properly imposed consecutive sentences for the defendant’s convictions of manslaughter in the second degree and criminal possession of a weapon in the second degree (see People v Mack, 242 AD2d 543 ).

The defendant’s remaining contentions are without merit. Altman, J.P., S. Miller, Adams and Mastro, JJ., concur.

Cases cited

People v. Jones 294 AD2d 517 N.Y. App. Div. 2002-05-20 p. 540
People v. Mack 242 AD2d 543 N.Y. App. Div. 1997-09-08 p. 541