People v. Flores

Appellate Division of the Supreme Court of New York

People v. Flores

255 A.D.2d 394, 679 N.Y.S.2d 848, 1998 N.Y. App. Div. LEXIS 11765

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 1998·Published·Cited by 2 cases

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rivera, J.), rendered July 12, 1996, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

[395]*395Ordered that the judgment is affirmed.

The defendant’s request for a missing-witness charge was untimely (see, People v Aguaro, 241 AD2d 459; People v Pendleton, 156 AD2d 725). In any event, the People demonstrated that the witness’s whereabouts were unknown, and that diligent efforts to locate her were unsuccessful (see, People v Gonzalez, 68 NY2d 424).

Contrary to the defendant’s contention, the record fails to support his claim that he was denied the effective assistance of counsel (see, People v Hobot, 84 NY2d 1021; People v Baldi, 54 NY2d 137).

The defendant’s remaining contentions are without merit. Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rivera, J.), rendered July 12, 1996, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

[395]*395Ordered that the judgment is affirmed.

The defendant’s request for a missing-witness charge was untimely (see, People v Aguaro, 241 AD2d 459; People v Pendleton, 156 AD2d 725). In any event, the People demonstrated that the witness’s whereabouts were unknown, and that diligent efforts to locate her were unsuccessful (see, People v Gonzalez, 68 NY2d 424).

Contrary to the defendant’s contention, the record fails to support his claim that he was denied the effective assistance of counsel (see, People v Hobot, 84 NY2d 1021; People v Baldi, 54 NY2d 137).

The defendant’s remaining contentions are without merit. Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.

People v. Flores, 255 A.D.2d 394, 679 N.Y.S.2d 848, 1998 N.Y. App. Div. LEXIS 11765 (N.Y. Ct. App. 1998).

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