PEOPLE v. SMALLS

Ordered that the judgment is affirmed.

The defendant was not deprived of a fair trial by the Supreme Court's denial of his request for a missing witness charge ( see People v Gonzalez, 68 NY2d 424, 427-428; People v Vera, 11 AD3d 716). In any event, even if the Supreme Court erred in denying the defendant's request for a missing witness charge, any error was harmless, as there was overwhelming evidence of the defendant's guilt and no significant probability that the error contributed to his conviction ( see People v Crimmins, 36 NY2d 230, 241-242).