Opinion
November 30, 1998
Appeal from the Supreme Court, Kings County (Irizarry, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly denied his application for a missing-witness charge. The defendant sought the charge with respect to an individual who was with the defendant, another unidentified person, and one of the victims immediately prior to the shooting in question. The individual never entered the building where the shooting occurred, and there is no evidence that he could have observed the shooting ( see, People v. Towles, 207 A.D.2d 848; People v. Profit, 200 A.D.2d 639).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Rosenblatt, J. P., Santucci, Altman and Friedmann, JJ., concur.