Opinion
July 5, 1994
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Ordered that the judgments are affirmed.
Contrary to the defendant's contentions, the trial court did not commit reversible error by denying his request for a missing witness charge. Although it was error for the trial court to deny the requested charge (see, People v. Kitching, 78 N.Y.2d 532; People v. Gonzalez, 68 N.Y.2d 424), the error was harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Fields, 76 N.Y.2d 761; People v. Crimmins, 36 N.Y.2d 230).
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05; see also, People v Torres, 80 N.Y.2d 944; People v. Logan, 74 N.Y.2d 859; People v Hopkins, 76 N.Y.2d 872; People v. Udzinski, 146 A.D.2d 245), or without merit (see, People v. Robert, 184 A.D.2d 597). O'Brien, J.P., Pizzuto, Joy and Krausman, JJ., concur.