People v. Lovall

—Judgment unanimously affirmed. Memorandum: The contention of defendant on appeal concerning the alleged error in County Court’s refusal to give a missing witness instruction differs from his *864contention before County Court, and thus defendant has failed to preserve his present contention for our review (see generally, People v Collins, 277 AD2d 1021, lv denied 96 NY2d 757; People v Miller, 221 AD2d 1001; People v Rodrigues, 154 AD2d 912, lv denied 75 NY2d 775). In any event, the court properly refused to give that instruction because defendant failed to demonstrate that the uncalled witness…