Opinion
March 5, 1991
Appeal from the Supreme Court, Bronx County (Nicholas Figueroa, J.).
The defendant was not entitled to a missing witness charge as to the partner of the undercover officer who conducted the "buy and bust" operation in which the defendant was arrested (People v Pugh, 166 A.D.2d 324). The defendant failed to demonstrate that the uncalled police witness would have offered something other than cumulative and non-material testimony concerning insignificant phases of the undercover operation (People v Ramos, 159 A.D.2d 596, lv denied 76 N.Y.2d 741).
Concur — Rosenberger, J.P., Ross, Asch and Smith, JJ.