People v. Martins

—Judgment, Supreme *277Court, New York County (Bruce Allen, J.), rendered October 11, 1994, convicting defendant, after a jury trial, of attempted robbery in the second degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a persistent violent felony offender, to terms of 8 years to life and time served, respectively, unanimously affirmed.

Defendant’s request for a missing witness charge was properly denied. Although defendant was aware prior to the commencement of testimony that the People did not intend to call the alleged missing witness,…