People v. Smith

Appeal by the defendant from a judgment of the County Court, Westchester County (Neary, J.), rendered March 5, 2014, convicting him of murder in the second degree (two counts), kidnapping in the first degree, robbery in the second degree, and unlawful imprisonment in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his half brother was not “available” and, thus, that the County Court erred in granting the People’s request for a missing witness charge, is unpre-served for appellate review, as that argument was…