Judgment affirmed.
The court properly declined to give a missing witness charge as to Donald Johnson whom the robbery victim testified was with him when the robbery occurred. Three police witnesses testified that they made diligent attempts to locate and subpoena Johnson and produce him at trial but were unsuccessful. Hence the evidence established that Johnson was not under the "control of" and "available to" the People (1 CJI § 8.53, pp 443, 449-451; cf. People v. Geoghegan, 68 A.D.2d 279, 286, affd 51 N.Y.2d 45; People v. Williams, 34 A.D.2d 1046).
We have examined the defendant's remaining contentions and have found them to be without merit. Thompson, J.P., Lawrence, Eiber and Spatt, JJ., concur.