People v. Costa

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered May 21, 1990, convicting him of attempted murder in the second degree, robbery in the first degree, assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that the *723court committed reversible error by denying his timely request for a missing witness charge. Although the defendant established that the missing witness, the girlfriend of the…