Opinion
July 29, 1985
Appeal from the Supreme Court, Queens County (Lakritz, J.).
Judgment affirmed.
Contrary to defendant's claim, the trial court properly refused to charge the jury on the defense of entrapment inasmuch as an examination of the record discloses that the activities of the police constituted no more than conduct merely offering defendant an opportunity to commit the offense ( see, People v. Mapp, 47 N.Y.2d 939; People v. Thompson, 47 N.Y.2d 940; People v. Seale, 47 N.Y.2d 923; cf. People v. Sundholm, 58 A.D.2d 224). The trial court also properly declined to give the jury a missing witness charge with respect to the prosecution's failure to call the three members of the "buy and bust" back-up team to testify inasmuch as defendant made no showing that any testimony given would be anything other than cumulative ( see, People v. Douglas, 54 A.D.2d 515; People v. Moore, 17 A.D.2d 57, cert denied 371 U.S. 838). We have considered defendant's other claims and we reject them. Mangano, J.P., Thompson, O'Connor and Weinstein, JJ., concur.