Opinion
November 30, 1998
Appeal from the Supreme Court, Queens County (Cooperman, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the court improperly permitted the People to amend the indictment is unpreserved for appellate review ( see, CPL 470.05). In any event, this claim is without merit since the amendment did not change the theory of the prosecution or prejudice the defendant on the merits ( see, People v. Harvey, 212 A.D.2d 730).
The trial court properly allowed the People to explain the unavailability of one of the complainants through a detective's testimony ( see, People v. Bartolomeo, 126 A.D.2d 375, 393). This detective gave detailed testimony regarding his diligent but fruitless efforts to locate one of the complainants, who had disappeared. The court therefore properly denied the defendant's application for a missing witness charge with respect to that complainant on the ground that that complainant was "unavailable" to the People ( see, People v. Gonzalez, 68 N.Y.2d 424, 428; People v. Braxton, 189 A.D.2d 888, 889).
The defendant's remaining contentions are either unpreserved for appellate review, waived, or without merit.
Bracken, J. P., Miller, Ritter and Thompson, JJ., concur.