Opinion
July 8, 1998
Appeal from Judgment of Niagara County Court, Hannigan, J. — Robbery, 1st Degree.
Present — Lawton, J. P., Wisner, Callahan, Boehm and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: The verdict finding defendant guilty of robbery in the first degree (Penal Law § 160.15) and related crimes is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). County Court properly denied without a hearing defendant's motion challenging the panel of prospective jurors ( see, People v. Grant, 226 A.D.2d 1092, lv denied 89 N.Y.2d 864). Defendant's request for a missing witness charge was untimely and thus properly denied ( see, People v. Bender, 244 A.D.2d 910, lv denied 91 N.Y.2d 923). The sentence is neither unduly harsh nor severe.