Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (A. Kirke Bartley, Jr., J.), rendered June 1, 2005, after a jury trial, convicting her of endangering the welfare of a child and harassment in the second degree, and imposing sentence.

PER CURIAM:

Judgment of conviction (A. Kirke Bartley, Jr., J.), rendered June 1, 2005, affirmed.

The trial court properly denied defendant's request for a missing witness charge with respect to one of several participants in the underlying altercation, an acquaintance of the victim's sister. Defendant failed to establish that the uncalled witness was under the People's control or possessed noncumulative information favorable to the prosecution (see People v Gonzalez, 68 NY2d 424, 427-428 [1986]; People v Brunson, 270 AD2d 133 [2000], lv denied 95 NY2d 833 [2000]; People v Chedick, 246 AD2d 551 [1998]). To the extent that the court erred in precluding defendant from commenting on summation about the People's failure to call this witness, any such error was harmless in the context of this trial, particularly since defendant was allowed to comment during summation on the absence of other potential witnesses. Defendant's constitutional claim is unpreserved (see People v Angelo, 88 NY2d 217, 222 [1996]) and, in any event, is lacking in merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: October 5, 2007