People v. Wallace

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered December 23, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant’s request for a missing witness charge. Because the defendant waited until both sides had rested to ask for that charge, his request was untimely (see, People v Bowman, 270 AD2d 355; People v France, 265 AD2d 424; People v Kourani, 256 AD2d 620, 622; People v Asphill,…