People v. Legrand

—Judgment unanimously affirmed. Memorandum: Supreme Court properly denied defendant’s request for a missing witness charge. Although defendant met his initial burden of establishing that the uncalled witness was knowledgeable about pending material issues and that such witness would be expected to provide testimony favorable to the People, the People demonstrated that the witness was not available (see, People v Gonzalez, 68 NY2d 424, 427-428; see generally, People v Vigliotti, 270 AD2d 904, 905).

Defendant contends that the prosecutor’s summation shifted the burden of proof. The prosecutor’s…