| People v Evans |
| 2008 NY Slip Op 08756 [56 AD3d 572] |
| November 12, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Howard Evans, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Llisa T.Fleischer of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Robbins, J.),rendered March 14, 2007, convicting him of promoting prison contraband in the first degree andcriminal possession of a controlled substance in the fifth degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes,60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guiltbeyond a reasonable doubt. Upon our independent review pursuant to CPL 470.15 (5), we aresatisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]).
Contrary to the defendant's contention, he was not entitled to a missing witness charge(see generally People v Savinon, 100 NY2d 192, 196 [2003]; People v Gonzalez,68 NY2d 424, 427 [1986]; see also[*2]People v Marino, 21 AD3d 430, 432 [2005]).Skelos, J.P., Ritter, Carni and Dickerson, JJ., concur.