Opinion
May 26, 1998
Appeal from the Supreme Court, Kings County (Dabiri, J.).
Ordered that the judgment is affirmed.
The trial court correctly denied the defendant's request for a missing witness charge concerning two eyewitnesses. The prosecution is not required to present the testimony of all eyewitnesses (see, People v. Stridiron, 33 N.Y.2d 287, 292). The uncalled witnesses' testimony here would merely have been cumulative (see, People v. Gonzalez, 68 N.Y.2d 424, 428; People v. David, 243 A.D.2d 486).
O'Brien, J.P., Sullivan, Pizzuto and Krausman, JJ., concur.