People v. Walker (225 A.D.2d 328, 1996)

The trial court properly denied defendant’s request for a missing witness charge, defendant having failed to establish prima facie that the witness was knowledgeable about a pending material issue (see, People v Gonzalez, 68 NY2d 424, 427-428). Defendant’s remaining contentions are unpreserved and without merit. Concur — Ellerin, J. P., Rubin, Ross, Williams and Tom, JJ.