Opinion
2687
December 31, 2002.
Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered July 22, 1999, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of 7 years, unanimously affirmed.
Rafael Curbelo, for Respondent.
Paul Liu, for Defendant-Appellant.
Before: SAXE, J.P., SULLIVAN, ELLERIN, LERNER, GONZALEZ, JJ.
Defendant's claim that the court should have issued a missing witness charge with respect to a correction officer is similar to a claim rejected by this Court on the codefendant's appeal (People v. Busanet, 293 A.D.2d 385, lv denied 98 N.Y.2d 695), and there is no basis for reaching a different result in this case.
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.