Opinion
Argued May 22, 2000
August 15, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered March 3, 1998, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Powe of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Daniel Derechin of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, ANITA R. FLORIO, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, 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. Based on the evidence, the jury could have properly inferred that a "forcible stealing" took place (see, Penal Law § 160.00; People v. White, 160 A.D.2d 970). 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 (see, CPL 470.15).
The Supreme Court correctly denied the defendant's application for a missing witness charge since the defendant failed to adduce prima facie evidence that the missing witness was under the People's control (see, People v. Gonzalez, 68 N.Y.2d 424).
The prosecutor's summation comments did not constitute reversible error (see, People v. Galloway, 54 N.Y.2d 396).