People v. Rosario

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered May 22, 1990, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a predicate felony offender, to a term of imprisonment of from 3 to 6 years, unanimously affirmed.

Defendant did not sustain his burden of showing that the missing witness possessed knowledge of a material issue (People v Gonzalez, 68 NY2d 424). Although, prior to trial, the People moved to dismiss the first count of the indictment charging defendant with criminal possession of a weapon in…