PEOPLE v. McKNIGHT

Judgment unanimously affirmed. Memorandum: The trial court properly refused defendant's request to give the jury a missing witness charge. At trial, defendant failed to identify the missing witnesses and failed to make a prima facie showing that the witnesses were knowledgeable about a material issue in the case and would have been expected to give noncumulative testimony favorable to the People's case (see, People v. Pugh, 166 A.D.2d 324, 325, lv denied 77 N.Y.2d 881; see also, People v. Gonzalez, 68 N.Y.2d 424; People v. Robinson, 174 A.D.2d 998, lv denied 78 N.Y.2d 1014; People v. Vega, 169 A.D.2d 586, 587).

We have examined defendant's remaining arguments and find that they do not require reversal.