Opinion
January 13, 1992
Appeal from the Supreme Court, Kings County (Brill, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the trial court unfairly marshalled the evidence is unpreserved for appellate review (CPL 470.05; People v. West, 56 N.Y.2d 662). In any event, upon reviewing the record, we find that the trial court's marshalling of the evidence did not deprive the defendant of a fair trial (see, People v. Saunders, 64 N.Y.2d 665; People v. Culhane, 45 N.Y.2d 757, cert denied 439 U.S. 1047; see also, People v. Gray, 144 A.D.2d 483; People v. McDonald, 144 A.D.2d 701).
We also find that the court properly denied the defendant's request for a missing witness charge (People v. Kitching, 78 N.Y.2d 532; People v. Gonzalez, 68 N.Y.2d 424; People v. Aufiero, 139 A.D.2d 656). Kunzeman, J.P., Balletta, Miller and Ritter, JJ., concur.