Opinion
December 15, 1997
Appeal from the Supreme Court, Queens County (Demakos, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the trial court erred in refusing to give a missing-witness charge is unpreserved for appellate review, as the defendant failed to request the charge and cannot rely on the request of a codefendant ( see, People v. Laboy, 208 A.D.2d 954).
In light of the sufficiency of the corroborative evidence, any error committed by the trial court in refusing to instruct the jury that the defendant could not be convicted without corroboration of his confession was harmless ( see, People v. Coombs, 184 A.D.2d 651; People v. Pullman, 234 A.D.2d 955; People v. Rosado, 194 A.D.2d 466).
Mangano, P.J., Santucci, Joy and Lerner, JJ., concur.