People v. Ferrer

262 A.D.2d 192, 691 N.Y.S.2d 767, 1999 N.Y. App. Div. LEXIS 7400

Opinion

—Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered September 26, 1995, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree (three counts) and criminal possession of a weapon in the fourth degree, and sentencing him, as a second felony offender, to three concurrent terms of 3 to 6 years concurrent with a term of 1 year, unanimously affirmed.

The court properly refused to give a missing witness charge since the People made a reasonably diligent search for the witness (see, People v Rivera, 249 AD2d 141, lv denied 92 NY2d 904). Concur — Rosenberger, J. P., Williams, Tom, Wallach and Buckley, JJ.