Opinion
September 19, 1994
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the trial court properly denied the defendant's application for a "missing witness" charge with respect to a "friend" who was present when the deceased had initially approached the defendant, immediately prior to the alleged drug sale and shooting in question. The record indicates that the defendant failed to make a prima facie showing that the uncalled witness was in a position to have knowledge about or to have observed the drug sale or shooting disputed by the defendant (see, People v. Kitching, 78 N.Y.2d 532; People v. Gonzalez, 68 N.Y.2d 424; see also, People v. Brown, 186 A.D.2d 211; People v. Lyons, 178 A.D.2d 492, 493, affd 81 N.Y.2d 753).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Mangano, P.J., Bracken, Santucci and Friedmann, JJ., concur.