Ordered that the judgment is affirmed.
We find no merit to the defendant's contention that he was prejudiced by the court's refusal to give a "missing witness" charge with respect to the People's failure to call two witnesses. The record reveals that the defendant was aware during the early stages of the proceedings that the People did not intend to call these witnesses. The defendant waited, however, until both sides had rested at the close of evidence to make his...
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