Opinion
July 1, 1985
Appeal from the Supreme Court, Kings County (Deeley, J.).
Judgment affirmed.
Defendant's claim that the trial court erred by giving an ambiguous missing witness charge concerning Miguel Martinez is unpreserved for appellate review, as the court granted defendant's request for such a charge and defendant failed to take exception to the charge as given ( People v. Whalen, 59 N.Y.2d 273). We have considered defendant's other contentions and find them to be lacking in merit. Thompson, J.P., Brown, Weinstein and Kunzeman, JJ., concur.