Ordered that the judgment is affirmed.
The defendant was convicted of a gunpoint robbery of a Brooklyn clothing store. On appeal, he argues that the court erred in refusing to give a missing witness charge as to a store employee who was present during the crime. However, the People demonstrated that despite their diligent efforts, they were unable to locate this witness. Since the witness was unavailable, the charge was properly denied (see, People v Gonzalez...
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