[*1]
People v Barner (Lamont)
2006 NY Slip Op 50790(U) [11 Misc 3d 144(A)]
Decided on May 2, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 2, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., SCHOENFELD, J.
570102/04

People of the State of New York, Respondent,

against

Lamont Barner, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, Bronx County (Diane Kiesel, J.) rendered January 9, 2004, convicting him, after a nonjury trial, of menacing in the third degree and harassment in the second degree, and imposing sentence.


PER CURIAM:

Judgment of conviction (Diane Kiesel, J.), rendered January 9, 2004, affirmed.

Were we to find any error in the denial of the defense request for a missing witness inference in this nonjury case, we would find the error to be harmless (see People v Crimmins, 36 NY2d 230 [1975]). The court properly denied defendant's request for sanctions for a claimed Rosario violation since the record does not support defendant's claim that the material ever existed (see Matter of James A., 298 AD2d 240 [2002]).

This constitutes the decision and order of the court.
Decision Date: May 2, 2006