Opinion
May 29, 1990
Appeal from the County Court, Nassau County (Thorp, J.).
Ordered that the judgment is affirmed.
Viewing the evidence adduced at trial in a 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
Additionally, the defendant failed to make a prima facie showing that he was entitled to a missing witness charge, as he did not establish that the missing witness's testimony would have been material (see, People v. Gonzalez, 68 N.Y.2d 424; People v Leonardo, 151 A.D.2d 504). Bracken, J.P., Rubin, Rosenblatt and Miller, JJ., concur.