Opinion
February 11, 1991
Appeal from the Supreme Court, Queens County (Cohen, J.).
Ordered that the judgment is affirmed.
We do not agree with the defendant that the trial court committed reversible error when it denied his request, strenuously opposed by the People, for a missing witness charge (see, e.g., People v Gonzalez, 68 N.Y.2d 424) with respect to one of the police officers involved in the defendant's arrest. The People are not obligated to produce every witness to a crime so long as evidence potentially favorable to the defendant has not been suppressed (see, People v Stridiron, 33 N.Y.2d 287, 292; People v Bradley, 160 A.D.2d 808) and we note that defense counsel commented extensively during summation on the People's failure to produce the officer (cf., People v Gonzalez, supra). Under the circumstances, we discern no improvident exercise of discretion on the part of the trial court in declining to issue the requested charge. Thompson, J.P., Lawrence, Harwood and Balletta, JJ., concur.