People v. Crews

—Judgment unani*905mously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference]), attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1] [intentional]), assault in the first degree (Penal Law § 120.10 [1]), and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]). County Court properly denied defendant’s request for a missing witness charge. Defendant failed to meet his burden of demonstrating that the witness would have testified…