People v. Barbati

Appellate Division of the Supreme Court of New York

People v. Barbati

216 A.D.2d 477, 628 N.Y.S.2d 555, 1995 N.Y. App. Div. LEXIS 6413

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 1995

StatusPublished

This text of 216 A.D.2d 477 (People v. Barbati) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barbati, 216 A.D.2d 477, 628 N.Y.S.2d 555, 1995 N.Y. App. Div. LEXIS 6413 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Seybert, J.), rendered January 22, 1993, convicting him of rape in the first degree and sodomy in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [53).

The court acted properly in not providing a missing witness charge concerning the People’s failure to call the physician who first examined the complainant. The defendant’s request for such a charge, made after the close of all the evidence, was untimely (see, People v Simmons, 188 AD2d 668, 669). In any event, such a charge was unwarranted (see, People v Gonzalez, 68 NY2d 424).

We have examined the defendant’s remaining contentions and find them to be without merit. Miller, J. P., Thompson, Friedmann and Florio, JJ., concur.

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