Opinion
October 27, 1997
Appeal from Supreme Court, Queens County (Pitaro, J.)
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).
The defendant's request for a missing witness charge, made after both sides rested, was untimely ( see, People v. Patten, 232 A.D.2d 276; People v. Pendleton, 156 A.D.2d 725). In any event, the defendant failed to make a prima facie showing on the record that the uncalled witness was knowledgeable about a material issue in the case ( see, People v. Gonzalez, 68 N.Y.2d 424; People v Patterson, 237 A.D.2d 384).
The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not require reversal.
Thompson, J.P., Sullivan, Joy and Florio, JJ., concur.