People v. Smith

Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered May 21, 1998, convicting defendant, after a jury trial, of auto stripping in the second degree and possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.

The court properly denied defendant’s request for a missing witness charge as to the owner of the vehicle that had been broken into by defendant. Under the particular circumstances, the court properly concluded that the vehicle owner should not be deemed to be…