Opinion
October 3, 1994
Appeal from the Supreme Court, Kings County (Harkavy, 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 is 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 is not against the weight of the evidence (CPL 470.15).
The defendant contends that the trial court erred in refusing to give a missing witness charge. However, since the defendant waited until both sides had rested at the close of evidence to request the charge, his request was untimely and, thus, properly denied (see, People v. Gonzalez, 68 N.Y.2d 424; People v. Woodford, 200 A.D.2d 644; People v. Catoe, 181 A.D.2d 905; People v. Randall, 177 A.D.2d 661). Sullivan, J.P., Santucci, Joy and Krausman, JJ., concur.