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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN FLORES, Appellant.

Ordered that the judgment is affirmed.

The defendant's request for a missing-witness charge was untimely ( see, People v. Aguaro, 241 A.D.2d 459; People v. Pendleton, 156 A.D.2d 725). In any event, the People demonstrated that the witness's whereabouts were unknown, and that diligent efforts to locate her were unsuccessful ( see, People v. Gonzalez, 68 N.Y.2d 424).

Contrary to the defendant's contention, the record fails to support his claim that he was denied the effective assistance of counsel ( see, People v. Hobot, 84 N.Y.2d 1021; People v. Baldi, 54 N.Y.2d 137).

The defendant's remaining contentions are without merit.

Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.

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PEOPLE v. FLORES
(Nov 9, 1998)