| People v Lewis (Eneaqua) |
| 2008 NY Slip Op 50806(U) [19 Misc 3d 136(A)] |
| Decided on April 22, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Division of the Supreme Court, Bronx
County (Ralph A. Fabrizio, J.), rendered July 26, 2005, after a nonjury trial, convicting her of
attempted assault in the third degree and harassment in the second degree, and imposing
sentence.
PER CURIAM
Judgment of conviction (Ralph A. Fabrizio, J.), rendered July 26, 2005, affirmed.
The court properly declined to draw a missing witness inference with respect to the two
correction
officers at issue, in view of defendant's failure to establish prima facie that the uncalled
witnesses would have provided material noncumulative testimony (see People v
Gonzalez, 68 NY2d 424 [1986]). In any event, any error was harmless in light of the
overwhelming evidence of defendant's guilt (see People v Crimmins, 36 NY2d 230
[1975]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I Concur
Decision Date: April 22, 2008