Opinion
February 5, 1996
Appeal from the Family Court, Kings County (Ambrosio, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presentment agency (cf., People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (cf., CPL 470.15).
Contrary to the appellant's contention, the court did not err in denying his motion for a missing witness inference since the appellant failed to establish that the missing witness, his mother, would testify in favor of the complainant, her former husband, and against the appellant (see, People v. Kitching, 78 N.Y.2d 532; People v. Gonzalez, 68 N.Y.2d 424). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.