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People v Marzan (Lester)
2006 NY Slip Op 50004(U) [10 Misc 3d 138(A)]
Decided on January 4, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 4, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: SUAREZ, P.J., DAVIS, SCHOENFELD, JJ
570637/04.

THE PEOPLE OF THE STATE OF NEW YORK, No. Respondent,

against

Lester Marzan, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, Bronx County (Edward M. Davidowitz, J.), rendered October 25, 2004, convicting him, after a nonjury trial, of harassment in the second degree and imposing sentence.


PER CURIAM:

Judgment of conviction (Edward M. Davidowitz, J.), rendered October 25, 2004, affirmed.

Defendant's claim that the denial of his request for a missing witness charge deprived him of his due process right to a fair trial is unpreserved (see People v Gayle, 162 AD2d 261 [1990], lv denied 76 NY2d 857 [1990]), and we decline to review in the interest of justice. Were we to review and find any error, we would find the error to be harmless in the context of this bench trial and given the overwhelming evidence of guilt.

This constitutes the decision and order of the court.
Decision Date: January 04, 2006