People v. McCullough

Appeal from a judgment of the Monroe County Court (Frank E Geraci, Jr., J.), rendered September 2, 2009. The judgment convicted defendant, upon a jury verdict, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of assault in the second degree (Penal Law § 120.05 [2]), arising from defendant’s shooting of the victim. Defendant contends that County Court erred in denying his request for a missing witness charge. We conclude that any error of the court…