People v. Whetstone

Judgment unanimously affirmed. Memorandum: The trial court properly declined to give a missing witness charge. The whereabouts of the witness was unknown. The prosecutor and the police tried, without success, to locate the witness and serve him with a material witness warrant.. Hence, the witness was not available to, or under the control of, the People (see, People v McCullers, 119 AD2d 835, 836, Iv denied 68 NY2d 758; People v Geoghegan, 68 AD2d 279, 286, affd 51 NY2d 45; People v Williams, 34 AD2d 1046). We have considered defendant’s remaining claims and find them lacking in merit.…