| People v Binyon |
| 2008 NY Slip Op 01156 [48 AD3d 473] |
| February 5, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Jacquelyn Binyon, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, and
Veronica J. Wiles of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered January 9, 2006, convicting her of assault in the second degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that the Supreme Court erred in denying her request for a missing witness charge with respect to one of the complainants. The People established that the uncalled witness, who had left the country, was unavailable (see People v Gonzalez 68 NY2d 424 [1986]; People v Benjamin, 210 AD2d 418 [1994]; People v Ortega, 166 AD2d 728 [1990]). Santucci, J.P., Lifson, Covello and Dickerson, JJ., concur.