People v. Porter

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered March 6, 1998, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in not giving a missing witness charge to the jury. However, the defendant did not raise in the Supreme Court any of the substantive arguments concerning availability or control which he now raises on appeal. Therefore, the defendant’s contentions are not preserved for appellate review (see, CPL 470.05…