PEOPLE v. DEVONSHIRE

Judgment unanimously affirmed. Memorandum: The trial court properly denied defendant's request for a missing witness charge. Defendant did not establish that the witness could be expected to testify favorably to the People or that the witness was under the People's control (see, People v. Gonzalez, 68 N.Y.2d 424, 427-428; People v Mendez, 138 A.D.2d 637, 638, lv denied 71 N.Y.2d 1030).