Judgment unanimously affirmed. Memorandum: County Court properly denied defendant's request for a missing witness charge. The request, made after the close of the proof, was untimely (see, People v. Bender, 244 A.D.2d 910, 910-911, lv denied 91 N.Y.2d 923; People v. Castro-Garcia, 203 A.D.2d 899, lv denied 83 N.Y.2d 965). We reject the contention that defendant was denied effective assistance of counsel at trial. "[T]he evidence, the law, and the circumstances of [this] case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" (People v. Baldi, 54 N.Y.2d 137, 147).