Opinion
Argued October 16, 2001.
November 13, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered May 20, 1999, convicting him of robbery in the first degree, criminal possession of stolen property in the fifth degree, and unlawful possession of marihuana, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Amy Appelbaum, and Esther Noe of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., LEO F. McGINITY, HOWARD MILLER, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contentions, the Supreme Court properly denied his request for a missing-witness charge as to the complaining witness's cousin, as she did not witness the commission of the crimes and could not offer testimony regarding a material issue in connection therewith (see, People v. Cuffie, 163 A.D.2d 485).
The Supreme Court providently exercised its discretion in denying the defendant youthful offender treatment (see, People v. Williams, 204 A.D.2d 371).
O'BRIEN, J.P., McGINITY, H. MILLER and ADAMS, JJ., concur.