Opinion
March 29, 1994
Appeal from the Supreme Court, New York County (Charles Tejada, J.).
Defendant possessed all the information on which he based his request for a missing witness charge upon completion of the testimony of the testifying officer, but delayed making the request until after six additional witnesses had testified, the People and defense had rested, and the defense had made an unsuccessful motion to dismiss the indictment. Defendant's request was therefore properly denied as untimely since it was not made "as soon as practicable" (People v. Gonzalez, 68 N.Y.2d 424, 428). In addition, defendant failed to establish that the uncalled backup team officers would have provided material, noncumulative testimony (supra, at 427).
Concur — Ellerin, J.P., Kupferman, Ross, Nardelli and Williams, JJ.