People v. Williams

136 A.D.3d 701, 23 N.Y.S.3d 894

Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), dated July 18, 2013, convicting him of driving while ability impaired by alcohol, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court did not err in failing to grant the defendant’s motion for a missing witness charge, as the testimony of the subject witness would have been cumulative to the testimony of the other witnesses (see People v Savinon, 100 NY2d 192, 197 [2003]; People v Gonzalez, 68 NY2d 424, 428 [1986]).

The defendant’s contention concerning the Supreme Court’s post-summation colloquy with the prosecutor is unpreserved for appellate review and, in any event, without merit (see People v Issac, 121 AD3d 816, 816-817 [2014]).

Balkin, J.P., Chambers, Cohen and Maltese, JJ., concur.