Ordered that the judgment is affirmed.
The defendant's contention that his half brother was not "available" and, thus, that the County Court erred in granting the People's request for a missing witness charge, is unpreserved for appellate review, as that argument was not raised before the County Court (see CPL 470.05 [2]). In any event, the court properly gave a missing witness charge as to the defendant's half brother, who was not called to testify on the...
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