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People v. Brown

202 A.D.2d 514 Court N.Y. App. Div. Decision date 1994-03-14 English

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p. 514
The People of the State of New York, Respondent, v Leslie Brown, Appellant.
[610 NYS2d 804]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered March 16, 1992, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court erred by refusing to give a missing witness charge with respect to the undercover officer’s so-called "ghost” is without merit. The People established that the uncalled officer’s testimony would have been cumulative (see, People v Gonzalez, 68 NY2d 424 ;

p. 515
People v Tate, 199 AD2d 291 ; People v Morris, 168 AD2d 464 ). Rosenblatt, J. P., Ritter, Pizzuto and Altman, JJ., concur.

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