Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the court properly denied his request for a missing witness charge. The defendant waited until both sides had rested to make his request to charge. The untimely request put the People at a disadvantage and was thus correctly denied (see, People v. Gonzalez, 68 N.Y.2d 424; People v. Waldron, 154 A.D.2d 635). In any event, "there is no duty on the prosecutor to call at trial every witness to a crime" and no prejudice or deprivation of due process will be found if certain witnesses are not called, providing that there is no suppression of evidence potentially favorable to the defendant (People v. Stridiron, 33 N.Y.2d 287, 292; People v. Buckler, 39 N.Y.2d 895, 897; People v. Hicks, 154 A.D.2d 713).
We also disagree with defendant's contention that the submission to the jury of a verdict sheet containing written instructions constituted reversible error, since the record shows that defense counsel expressly consented to this procedure (see, People v. Hallums, 157 A.D.2d 800).
We have examined the defendant's remaining contention and find it to be unpreserved for appellate review. Brown, J.P., Rubin, Sullivan and Harwood, JJ., concur.