People v. Efremashvili

—Judgment, Supreme Court, New York County (Alfred Kleiman, J.), rendered May 15, 1992, convicting defendant, after a jury trial, of grand larceny in the third degree, and sentencing him, as a second felony offender, to a term of 2Vz to 5 years, unanimously affirmed.

Defendant’s request for a missing witness charge in connection with one of the complainants, which was made after both sides had rested and long after the prosecution had indicated that it would not be calling this out-of-State complainant as a witness, was untimely (People v Kaplan, 199 AD2d 82). In any event defendant failed to…