PEOPLE v. AFOLABI (2006)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Yao AFOLABI, appellant.

Decided: September 12, 2006

THOMAS A. ADAMS, J.P., GABRIEL M. KRAUSMAN, STEVEN W. FISHER, and MARK C. DILLON, JJ.

Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Laura T. Ross of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered July 1, 2004, convicting him of criminal possession of a weapon in the second degree, reckless endangerment in the first degree (four counts), assault in the second degree, and criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Any error in the court's failure to grant the defendant's request for a missing witness charge was rendered harmless by the overwhelming proof of guilt, which included the identification testimony of the two witnesses and a direct connection between the defendant and the weapon used to commit the crimes (see People v. Morales, 288 A.D.2d 328, 329, 733 N.Y.S.2d 617).

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