Opinion
June 13, 1991
Appeal from the Supreme Court, Bronx County (Antonio Brandveen, J.).
The evidence, viewed in a light most favorable to the prosecution, shows that defendant chased after several teenage boys, accusing them of stealing property from her. She continued the chase, armed with a knife, and eventually stabbed one of the youths and an innocent bystander. Under these circumstances, her guilt was proven beyond a reasonable doubt and we find her conviction supported by the weight of the evidence. In particular, it is apparent that the risk of death created by her conduct was both substantial and unjustifiable. (People v Gatto, 168 A.D.2d 296, lv denied 77 N.Y.2d 877.)
The trial court committed no error in refusing to give a missing witness charge with respect to some of the other teenage boys who were in the group which defendant attacked. Defendant failed to demonstrate that the testimony of these witnesses would be material and non-cumulative. (People v Gonzalez, 68 N.Y.2d 424. )
Concur — Carro, J.P., Rosenberger, Asch and Kassal, JJ.