Opinion
Submitted October 26, 1999
December 2, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Griffin, J.), rendered August 27, 1997, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
Carol Kahn, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Monique Ferrell of counsel), for respondent.
DAVID S. RITTER, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's assertions, the trial court did not err in denying his motion for a missing witness charge (see,People v. Ortiz, 83 N.Y.2d 989 ). The People established that the testimony sought would have been merely cumulative (see, People v. Gonzalez, 68 N.Y.2d 424 ; People v. Tate, 199 A.D.2d 291 ).
The sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
The defendant's remaining contentions are without merit.
RITTER, J.P., McGINITY, H. MILLER, and FEUERSTEIN, JJ., concur.