Opinion
June 10, 1993
Appeal from the Supreme Court, New York County (Martin H. Rettinger, J.).
Viewing the evidence in the light most favorable to the People, and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), the People proved defendant's guilt of the crime charged by overwhelming evidence (People v. Bleakley, 69 N.Y.2d 490). The jury's determinations regarding credibility and the proffered justification defense are supported by the record, and will not be disturbed by this Court (People v. Fonte, 159 A.D.2d 346, lv denied 76 N.Y.2d 734).
The trial court properly denied the requested missing witness charge, as there was no showing that the proposed witness' testimony would have been favorable to the People or that she was within their control (People v. Gonzalez, 68 N.Y.2d 424, 429).
We perceive no abuse of discretion by the trial court in sentencing (People v. Farrar, 52 N.Y.2d 302).
Concur — Sullivan, J.P., Milonas, Ellerin and Asch, JJ.