People v. Binyon

Appellate Division of the Supreme Court of New York

People v. Binyon

48 A.D.3d 473, 849 N.Y.S.2d 800

Appellate Division of the Supreme Court of the State of New York·Decided February 5, 2008·Published·Cited by 1 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered January 9, 2006, convicting her of assault in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that the Supreme Court erred in denying her request for a missing witness charge with respect to one of the complainants. The People established that the uncalled witness, who had left the country, was unavailable (see People v Gonzalez 68 NY2d 424 [1986]; People v Benjamin, 210 AD2d 418 [1994]; People v Ortega, 166 AD2d 728 [1990]). Santucci, J.P., Lifson, Covello and Dickerson, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered January 9, 2006, convicting her of assault in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that the Supreme Court erred in denying her request for a missing witness charge with respect to one of the complainants. The People established that the uncalled witness, who had left the country, was unavailable (see People v Gonzalez 68 NY2d 424 [1986]; People v Benjamin, 210 AD2d 418 [1994]; People v Ortega, 166 AD2d 728 [1990]). Santucci, J.P., Lifson, Covello and Dickerson, JJ., concur.

People v. Binyon, 48 A.D.3d 473, 849 N.Y.S.2d 800 (N.Y. Ct. App. 2008).

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Opinion

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