People v. Calderon

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of criminal possession of a weapon in the second degree (Penal Law former § 265.03) and criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), defendant’s sole contention is that County Court erred in refusing to give a missing witness charge. We reject that contention. The record supports the court’s conclusion that the account of the nontestifying witness would have been cumulative to that of the two eyewitnesses who testified for the prosecution (see, People v Macana, 84 NY2d 173,…