People State New York v. Trevor Waldron

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 request to charge. The untimely request put the People at
a great disadvantage and was thus correctly denied (see, People v Gonzalez, 68 N.Y.2d 424; People v Watson, 134 A.D.2d 729;
see also, People v Boyajian, 148 Ad2d 740).