Opinion
June 22, 1999.
Appeal from the Supreme Court, Bronx County (Dominic Massaro, J.).
The court properly refused to give a missing witness charge since the People made a reasonably diligent search for the witness ( see, People v. Rivera, 249 A.D.2d 141, lv denied 92 N.Y.2d 904).
Concur — Rosenberger J. P., Williams, Tom, Wallach and Buckley, JJ.