People v. Moore

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered September 23, 1998, convicting him of attempted grand larceny in the third degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly denied the defendant’s request for a missing witness charge based on the People’s failure to call one of the police officers who had been at the scene of the crime. The defendant failed to make a prima facie showing that the witness could be expected to have knowledge about…