Majority
p. 203The People of the State of New York, Respondent, v Paul Jarrett, Appellant. [647 NYS2d 944]
—Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered September 13, 1994, convicting defendant, after a jury trial, of attempted grand larceny in the fourth degree, and sentencing him to a prison term of 1 year, unanimously affirmed.
Defendant’s request for a missing witness charge for one of
p. 204
the police officers involved in defendant’s arrest was properly denied in the trial court’s discretion. Concur—Murphy, P. J., Sullivan, Rubin, Ross and Nardelli, JJ.