PEOPLE v. REYES

ORDERED that the judgment, as amended, is affirmed.

Contrary to the defendant's contention, the trial court properly denied his request for a missing witness charge concerning an eyewitness. The defendant failed to establish that the uncalled witness was expected to testify favorably for the prosecution (see People v. Jones, 294 A.D.2d 517). Moreover, the uncalled eyewitness's testimony would merely have been cumulative (see People v. Walker, 250 A.D.2d 868).

The Supreme Court properly imposed consecutive sentences for the defendant's convictions of manslaughter in the second degree and criminal possession of a weapon in the second degree (see People v. Mack, 242 A.D.2d 543).

The defendant's remaining contentions are without merit.

ALTMAN, J.P., S. MILLER, ADAMS and MASTRO, JJ., concur.