PEOPLE v. YOUNG

ORDERED that the judgment is affirmed.

The Supreme Court properly denied the defendant's request for a missing witness charge since he failed to demonstrate that the uncalled witness would be expected to testify in the People's favor ( see People v. Kitching, 78 N.Y.2d 532; People v. Gonzalez, 68 N.Y.2d 424). We note that the People cannot raise the issue of untimeliness of the defendant's request for a missing witness charge for the first time on appeal ( see People v. Erts, 73 N.Y.2d 872, 874; People v. Martin, 208 A.D.2d 770; People v. Farrow, 187 A.D.2d 667; People v. Brown, 183 A.D.2d 569, 570).

The defendant's remaining contention raised in his supplemental pro se brief is without merit.

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.