Opinion
No. 2006-01591.
February 5, 2008.
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.
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, and Veronica J. Wiles of counsel), for respondent.
Before: Santucci, J.P., Lifson, Covello and Dickerson, JJ.
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that the Supreme Court erred in denying her request for a missing witness charge with respect to one of the complainants. The People established that the uncalled witness, who had left the country, was unavailable ( see People v Gonzalez 68 NY2d 424 [1986]; People v Benjamin, 210 AD2d 418; People v Ortega, 166 AD2d 728).