Opinion
October 6, 1998
Appeal from the Supreme Court, New York County (Charles Solomon, J.).
The court appropriately exercised its discretion in granting the People's request for a missing witness charge regarding defendant's cousin, who would have been expected to provide material, noncumulative evidence favorable to defendant, since defendant failed to show that diligent efforts to produce the witness, including arranging for a babysitter, would have been unsuccessful ( see, People v. Gonzalez, 68 N.Y.2d 424, 428).
We perceive no abuse of discretion in sentencing.
Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.