Appellate Division of the Supreme Court of the State of New York March 14, 1997 (People v. Moyer)

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him following a jury trial of burglary in the third degree and criminal mischief in the fourth degree, defendant contends that Supreme Court’s missing witness charge was inadequate, confusing and misleading. Because defendant did not object to the charge, his contention is unpreserved for our review (see, CPL 470.