Opinion
2018-09055 Ind. 102/17
04-20-2022
The People of the State of New York, respondent, v. Albert Premnauth, appellant. No. 2018-09055
Patricia Pazner, New York, NY (Anna Jouravleva of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Sharon Y. Brodt of counsel; Michael Tadros on the brief), for respondent.
Patricia Pazner, New York, NY (Anna Jouravleva of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Sharon Y. Brodt of counsel; Michael Tadros on the brief), for respondent.
VALERIE BRATHWAITE NELSON, J.P., ROBERT J. MILLER, JOSEPH A. ZAYAS, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Peter F. Vallone, Jr., J.), rendered July 18, 2018, convicting him of rape in the second degree, criminal sexual act in the second degree (two counts), and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in denying his application for a missing witness charge. Under the circumstances of this case, the People demonstrated that the witness was unavailable (see People v Gonzalez, 68 N.Y.2d 424, 428; People v Singleton, 186 A.D.3d 1412, 1413; People v Joseph, 161 A.D.3d 1105, 1105; People v Stepney, 42 Misc.3d 139 [A], 2014 NY Slip Op 50170[U] [App Term, 2d Dept, 9th & 10th Jud Dists]).
BRATHWAITE NELSON, J.P., MILLER, ZAYAS AND DOWLING, JJ., CONCUR.