Opinion
November 27, 1995
Appeal from the Supreme Court, Kings County (Gerges, J.).
Ordered that the judgment is affirmed.
It was not error to deny the defendant's request for a missing witness charge with respect to the two barbers who were present during the assault. The defendant failed to demonstrate that the missing witnesses, who knew the defendant as well as the complainants, "would naturally be expected to testify in support of the People's position and adversely to the defendant's case" (People v Gonzalez, 68 N.Y.2d 424, 431; see, People v Westcott, 158 A.D.2d 733). In addition, the request was untimely (see, People v Gonzalez, supra, at 428; People v Bradley, 160 A.D.2d 808).
The sentence that was imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Rosenblatt, Miller and Krausman, JJ., concur.