Opinion
Submitted March 12, 2001.
April 2, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered December 23, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Kathleen P. O'Leary, Rachel Buchter, and Nadja A. Schulz of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., CORNELIUS J. O'BRIEN, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The Supreme Court properly denied the defendant's request for a missing witness charge. Because the defendant waited until both sides had rested to ask for that charge, his request was untimely (see, People v. Bowman, 270 A.D.2d 355; People v. France, 265 A.D.2d 424; People v. Kourani, 256 A.D.2d 620, 622; People v. Asphill, 208 A.D.2d 550, 551; People v. Correll, 207 A.D.2d 410).
The defendant's remaining contentions raised in his supplemental pro se brief are either unpreserved for appellate review or without merit.