Opinion
January 11, 1993
Appeal from the Supreme Court, Queens County (Naro, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, his conviction need not be set aside due to the court's failure to provide a missing witness charge as to uncalled police officers who were present at the scene of his arrest. Although the defendant did make a prima facie showing that at least two officers were available to the People and would have had knowledge about a material issue upon which evidence was already in the case (see, People v. Kitching, 78 N.Y.2d 532; People v. Gonzalez, 68 N.Y.2d 424), the court's failure to so charge was harmless. In light of the overwhelming evidence of the defendant's guilt, there was no significant probability that a contrary verdict would have resulted (see, People v. Fields, 76 N.Y.2d 761; People v. Skeeters, 180 A.D.2d 834; People v. Astacio, 173 A.D.2d 834). Sullivan, J.P., Balletta, Eiber and Santucci, JJ., concur.