Opinion
January 11, 1999.
Appeal from the County Court, Suffolk County (Dounias, J.).
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. 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 trial court properly denied the defendant's request for a missing witness charge. Although the testimony was material, it would have been cumulative, in view of the fact that seven other eyewitnesses testified at trial ( see, People v. Gonzalez, 68 N.Y.2d 424, 427-428; People v. Rivera, 174 A.D.2d 581).
The defendant's remaining contention is without merit.
Sullivan, J.P., Krausman, Goldstein and Luciano, JJ., concur.