People v. Caldwell

by the defendant from a judgment of the Supreme Court, Kings County (Vinik, J.), rendered January 3, 1986, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court erred in denying his request for a missing witness charge is without merit. The record reveals that although the defendant met his burden of showing the existence of missing witnesses and their knowledge of material facts, he failed to meet his burden of showing the witnesses’ testimony would be…