Opinion
570102/04.
Decided May 2, 2006.
Defendant appeals from a judgment of the Criminal Court, Bronx County (Diane Kiesel, J.) rendered January 9, 2004, convicting him, after a nonjury trial, of menacing in the third degree and harassment in the second degree, and imposing sentence.
Judgment of conviction (Diane Kiesel, J.), rendered January 9, 2004, affirmed.
PRESENT: DAVIS, J.P., SCHOENFELD, J.
Were we to find any error in the denial of the defense request for a missing witness inference in this nonjury case, we would find the error to be harmless ( see People v. Crimmins, 36 NY2d 230). The court properly denied defendant's request for sanctions for a claimed Rosario violation since the record does not support defendant's claim that the material ever existed ( see Matter of James A., 298 AD2d 240).
This constitutes the decision and order of the court.