People v. Thomas

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered December 21, 1989, convicting him of robbery in the first degree, robbery in the second degree, assault in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was entitled to a missing witness charge because the complainant did not testify at trial. However, the People’s evidence showed that a sufficient*601ly diligent effort had been made to locate the witness and…