People v. Simmons

300 A.D.2d 257, 751 N.Y.S.2d 364, 2002 N.Y. App. Div. LEXIS 13386

Opinion

—Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered July 22, 1999, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.

Defendant’s claim that the court should have issued a missing witness charge with respect to a correction officer is similar to a claim rejected by this Court on the codefendant’s appeal (People v Busanet, 293 AD2d 385, lv denied 98 NY2d 695), and there is no basis for reaching a different result in this case.

We perceive no basis for reducing the sentence. Concur— Saxe, J.P., Sullivan, Ellerin, Lerner and Gonzalez, JJ.