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.
As corrected through Wednesday, April 16, 2008


The People of the State of New York, Respondent,
v
Jacquelyn Binyon, Appellant.

[*1] Lynn W. L. Fahey, New York, N.Y. (Chadbourne & Parke LLP, New York, N.Y. [Thomas E. Butler and Marjory T. Herold] of counsel), for appellant (one brief filed).

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.