Opinion
October 28, 1997
Appeal from Supreme Court, Bronx County (George Covington, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence from which the jury could infer the requisite culpable mental state for each crime.
Defendant's request for a missing witness charge was properly denied. Defendant failed to make the necessary initial showing with respect to the elements required for such a charge ( see, People v. Gonzalez, 68 N.Y.2d 424, 427-428).
Concur — Rosenberger, J.P., Wallach, Nardelli, Williams and Colabella, JJ.