People v. Resto

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered July 14, 2009, convicting him of criminal sexual act in the third degree (two counts) and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court providently exercised its discretion in denying his request for a missing witness charge as to the victim’s mother, as the defendant did not show that the mother would have provided noncumulative testimony that was favorable to the…