People v. Swinton

—Mikoll, J. P.

Appeal from a judgment of the Supreme Court (Monserrate, J.), rendered November 22, 1991 in Broome County, upon a *893verdict convicting defendant of the crime of criminal possession of a controlled substance in the third degree.

The issues raised by this appeal are (1) whether there was sufficient legal evidence to establish defendant’s guilt of criminal possession of a controlled substance in the third degree, (2) whether the testimony of Kerry L. Wood, a codefendant, was sufficiently corroborated, and (3) whether Supreme Court erred in failing to give a missing witness charge.

To…