Opinion
December 28, 2000.
Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered May 19, 1997, convicting defendant, after a jury trial, of attempted robbery in the first degree and criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 7 1/2 to 15 years, unanimously affirmed.
Adam L. Goldman, for respondent.
David M. Green, for defendant-appellant.
Before: Tom, J.P., Ellerin, Rubin, Saxe, Buckley, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. The totality of the evidence warrants the inference that defendant attempted to take property from the victim (see, People v. Bracey, 41 N.Y.2d 296), and the essential elements of the weapon charge were established by testimony that defendant fired a handgun.
Defendant's claims concerning an undisclosed document are not properly before this Court because they involve a matter dehors the record.
The trial court properly denied defendant's application for a missing witness charge concerning the complainant, since the People established that he "had become unavailable by the time of the trial despite reasonable efforts to locate him" (People v. Jenkins, 213 A.D.2d 279, 280, lv denied 85 N.Y.2d 974). Indeed, the witness's own lawyer was unable to locate him during the relevant period.
We perceive no basis for reduction of sentence.
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.