People v. Ortiz

Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered April 7, 2005 convicting defendant, after a jury trial, of rape in the first degree and two counts of course of *365sexual conduct against a child in the first degree, and sentencing him to concurrent terms of 15 years, unanimously affirmed.

The court properly denied defendant’s request for a missing witness charge as to the victim’s brother, since defendant did not establish that he was in a position to see or hear any of the events at issue, and thus to provide material testimony as to whether or not they occurred (see People…