Majority
p. 472The People of the State of New York, Respondent, v Basil Constable, Appellant. [682 NYS2d 846]
—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered May 10, 1996, convicting defendant, after a jury trial, of burglary in the first degree and attempted burglary in the first degree, and sentencing him to concurrent terms of SVs to 10 years and 2 to 6 years, respectively, unanimously affirmed.
Defendant’s request for a missing witness charge was properly denied. Concur — Williams, J. P., Wallach, Andrias and Saxe, JJ.