People v Binyon

2008 NY Slip Op 01156 [48 AD3d 473]

February 5, 2008

Appellate Division, Second Department

As corrected through Wednesday, April 16, 2008

The People of the State of New York,Respondent, v Jacquelyn Binyon, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (Chadbourne & Parke LLP, New York, N.Y.[Thomas E. Butler and Marjory T. Herold] of counsel), for appellant (one brief filed).

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, andVeronica J. Wiles of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano,Jr., J.), rendered January 9, 2006, convicting her of assault in the second degree (two counts),upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the Supreme Court erred in denying herrequest for a missing witness charge with respect to one of the complainants. The Peopleestablished that the uncalled witness, who had left the country, was unavailable (see People vGonzalez 68 NY2d 424 [1986]; People v Benjamin, 210 AD2d 418 [1994];People v Ortega, 166 AD2d 728 [1990]). Santucci, J.P., Lifson, Covello and Dickerson,JJ., concur.