Majority
p. 701The People of the State of New York, Respondent, v Phillip Williams, Appellant. [23 NYS3d 894]
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), dated July 18, 2013, convicting him of driving while ability impaired by alcohol, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court did not err in failing to grant the defendant’s motion for a missing witness charge, as the testimony of the subject witness would have been cumulative to the testimony of the other witnesses (see People v Savinon, 100 NY2d 192 , 197 [2003]; People v Gonzalez, 68 NY2d 424 , 428 [1986]).
p. 702
The defendant’s contention concerning the Supreme Court’s post-summation colloquy with the prosecutor is unpreserved for appellate review and, in any event, without merit (see People v Issac, 121 AD3d 816 , 816-817 [2014]).
Balkin, J.P., Chambers, Cohen and Maltese, JJ., concur.
Cases cited
- People v. Savinon 100 NY2d 192 at 197 p. 701
- People v. Gonzalez 68 NY2d 424 at 428 p. 701
- People v. Issac 121 AD3d 816 at 816-817 p. 702