Opinion
Decided April 3, 1990
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Bernard Fried, J.
Barbara F. Branch and Alvin L. Spitzer for appellant.
Robert T. Johnson, District Attorney (Terence J. Sweeney of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
As the Appellate Division properly concluded, defendant was not entitled to a missing witness charge (see, People v Gonzalez, 68 N.Y.2d 424). The issue of reasonable suspicion is a mixed question of law and fact and, inasmuch as there is evidence in the record to support the lower courts' determination, this court's review is at an end (see, People v Castro, 70 N.Y.2d 943, 945). Defendant's remaining arguments are unpreserved.
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed in a memorandum.