PEOPLE v. WOODFORD

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, to provide that all terms of imprisonment shall run concurrently; as so modified, the judgment is affirmed.

The defendant contends that the court erred in refusing to give a missing witness charge with respect to the arresting officer. Because the defendant waited until both sides had rested to request his charge, the request was untimely and was thus properly denied (see, People v. Gonzalez, 68 N.Y.2d 424; People v Catoe, 181 A.D.2d 905; People v. Randall, 177 A.D.2d 661; People v Pendleton, 156 A.D.2d 725).

The defendant's sentence was excessive to the extent indicated. Mangano, P.J., O'Brien, Pizzuto and Santucci, JJ., concur.