People v. Tilghman

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Kuffner, J.), rendered April 20, 1993, convicting him of attempted robbery in the second degree and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the court erred in refusing to give a missing witness charge. Because the defendant waited until both sides had rested to request the charge, the request was untimely and was thus properly denied (see, People v Wood-ford, 200 AD2d 644).

There is no merit to the defendant’s further contention…