Opinion
2018-09055 Ind. No. 102/17
04-20-2022
The PEOPLE, etc., respondent, v. Albert PREMNAUTH, appellant.
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, 509 N.Y.S.2d 796, 502 N.E.2d 583 ; People v. Singleton, 186 A.D.3d 1412, 1413, 128 N.Y.S.3d 868 ; People v. Joseph, 161 A.D.3d 1105, 1105, 73 N.Y.S.3d 911 ;
People v. Stepney, 42 Misc.3d 139[A], 2014 N.Y. Slip Op. 50170[U], 2014 WL 562572 [App. Term, 2d Dept., 9th & 10th Jud. Dists.] ).
BRATHWAITE NELSON, J.P., MILLER, ZAYAS and DOWLING, JJ., concur.