Opinion
October 5, 1995
Appeal from the Supreme Court, New York County (Harold Rothwax, J.).
The court properly declined to give a missing witness charge with respect to a livery cab driver as he was unavailable at the time of trial and the People demonstrated reasonable efforts to locate the witness ( People v. Gonzalez, 68 N.Y.2d 424, 428).
The court was empowered to impose consecutive sentences as the acts underlying the two relevant convictions were separate and discrete ( see, People v. Brathwaite, 63 N.Y.2d 839, 843). We perceive no abuse of discretion in sentencing.
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Tom, JJ.