Opinion
November 9, 1998
Appeal from the Supreme Court, Kings County (Rivera, J.).
Ordered that the judgment is affirmed.
The defendant's request for a missing-witness charge was untimely ( see, People v. Aguaro, 241 A.D.2d 459; People v. Pendleton, 156 A.D.2d 725). In any event, the People demonstrated that the witness's whereabouts were unknown, and that diligent efforts to locate her were unsuccessful ( see, People v. Gonzalez, 68 N.Y.2d 424).
Contrary to the defendant's contention, the record fails to support his claim that he was denied the effective assistance of counsel ( see, People v. Hobot, 84 N.Y.2d 1021; People v. Baldi, 54 N.Y.2d 137).
The defendant's remaining contentions are without merit.
Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.