Majority
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered July 21, 1994, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree (three counts), and criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, he was not deprived of a fair trial as a result of being tried in absentia when he absconded before the commencement of trial (see, People v Parker, 57 NY2d 136 ; People v Roe, 196 AD2d 899 , 900). The court did not err in denying defense counsel’s request for a missing witness charge concerning the undercover police officer who monitored the so-called "buy-and-bust” transaction for which the defendant was arrested. The undercover officer was unavailable to testify as a result of injuries received in an unrelated "buy-and-bust” operation during which, among other injuries, his jaw was broken in three places and had to be wired
The defendant’s remaining contentions are without merit. Balletta, J. P., Thompson, Santucci and Florio, JJ., concur.
Cases cited
- People v. Parker 57 NY2d 136 p. 549
- People v. Roe 196 AD2d 899 at 900 p. 549
- People v. Gonzalez 68 NY2d 424 p. 550
- People v. Aufiero 139 AD2d 656 at 657 p. 550
- People v. Kitching 78 NY2d 532 at 536-537 p. 550
- People v. Vasquez 76 NY2d 722 at 724 p. 550
- People v. Erts 73 NY2d 872 at 874 p. 550