PEOPLE v. SALMON

ORDERED that the judgments are affirmed.

With regard to the counts dealing with the incident of March 5, 1997, the trial court properly denied the defendant's request for a missing witness charge with respect to the mother and boyfriend of the complainant. The defendant provided only speculative assertions as to whether those persons had an opportunity to observe him before the robbery, and whether they were able to provide a description of his physical characteristics. Accordingly, the defendant failed to demonstrate that these persons were knowledgeable about a material issue in the case (see, People v. Keen, 94 N.Y.2d 533, 539; People v. Dianda, 70 N.Y.2d 894, 896; People v. Gonzalez, 68 N.Y.2d 424, 427; People v. France, 265 A.D.2d 424; People v. Martin, 208 A.D.2d 770).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit.

ALTMAN, J.P., SMITH, S. MILLER and COZIER, JJ., concur.