Opinion
September 17, 1990
Appeal from the Supreme Court, Queens County (Appelman, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, under the circumstances, reversal of his conviction is not warranted on the ground that the trial court denied his request for a missing witness charge (see, People v. Gonzalez, 68 N.Y.2d 424, 427; People v. Buckler, 39 N.Y.2d 895; People v. Torres, 146 A.D.2d 658; People v. Bradley, 112 A.D.2d 441; cf., People v. Fields, 76 N.Y.2d 761; People v. Erts, 73 N.Y.2d 872).
The defendant's other contention is without merit. Mangano, P.J., Thompson, Lawrence and O'Brien, JJ., concur.