People v. Young

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of criminal sale of a controlled substance in the third degree, defendant contends that Supreme Court gave an erroneous missing witness charge and improperly responded to a question from the jury concerning the missing witness. The court initially instructed the jury that it could consider the fact that the missing witness had been a confidential informant on the question whether that witness was not under the control of the People or was not available (cf., People v Gonzalez, 68 NY2d 424, 429-430; People v…