| People v Williams |
| 2008 NY Slip Op 00553 [47 AD3d 854] |
| January 22, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v GaryWilliams, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Richard LongworthHecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Zambelli, J.), rendered November 22, 2005, convicting him of criminal sale of a controlledsubstance in the third degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The County Court properly denied the defendant's request for a missing witness charge. Amissing witness charge is appropriate where it is shown that "the uncalled witness isknowledgeable about a material issue upon which evidence is already in the case; that the witnesswould naturally be expected to provide noncumulative testimony favorable to the party who hasnot called him, and that the witness is available to such party" (People v Gonzalez, 68NY2d 424, 427 [1986]). The People demonstrated that they exerted diligent efforts to locate theuncalled witness without success (see People v Aguirre, 201 AD2d 485, 486 [1994]).
Upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfiedthat the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]).
The defendant's remaining contentions are unpreserved for appellate review and, in anyevent, are without merit. Ritter, J.P., Florio, Miller and Dillon, JJ., concur.