In People v. Congilaro (159 A.D.2d 964 [1990]) the Appellate Division, Fourth Department, upheld a trial court's denial of defendant's request for a missing witness charge when the defendant's girlfriend failed to testify at trial. The Court stated: "Since defendant's girlfriend, after providing testimony favorable to the People before the Grand Jury, recanted that testimony and provided defense counsel with a statement that exculpated defendant, the trial court properly denied defendant's request for a missing witness charge because she could not reasonably be expected to testify in the People's favor."