Appellate Division of the Supreme Court of the State of New York October 7, 1992 (People v. Nelson)

— Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that County Court erred in refusing his request for a missing witness charge. Defendant failed to meet his burden to establish that the unidentified individual could be expected to give non-cumulative testimony favorable to the People or that the witness was otherwise under their control (see, People v Kitching, 78 NY2d