Opinion
June 19, 1995
Appeal from the County Court, Nassau County (Seybert, J.).
Ordered that the judgment is affirmed.
Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The court acted properly in not providing a missing witness charge concerning the People's failure to call the physician who first examined the complainant. The defendant's request for such a charge, made after the close of all the evidence, was untimely (see, People v. Simmons, 188 A.D.2d 668, 669). In any event, such a charge was unwarranted (see, People v. Gonzalez, 68 N.Y.2d 424).
We have examined the defendant's remaining contentions and find them to be without merit. Miller, J.P., Thompson, Friedmann and Florio, JJ., concur.