People v. Malloy

*485Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered November 17, 2000, convicting her of assault in the first degree, robbery in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the Supreme Court gave an improper missing witness charge is unpreserved for appellate review. In any event, contrary to the defendant’s contention, the Supreme Court’s missing witness instruction to the jury did not improperly shift the burden of proof…