People v. Flores

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rivera, J.), rendered July 12, 1996, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

*395Ordered that the judgment is affirmed.

The defendant’s request for a missing-witness charge was untimely (see, People v Aguaro, 241 AD2d 459; People v Pendleton, 156 AD2d 725). In any event, the People demonstrated that the witness’s whereabouts were unknown, and that diligent efforts to…