Opinion
August 30, 1999.
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the appeal from the purported judgment is dismissed; and it is further,
Ordered that the judgment is affirmed.
The appeal from the purported judgment must be dismissed, as the purported judgment is nothing more than a proceeding to cause the judgment rendered November 26, 1990, to be brought to execution ( see, People v. Crawford, 239 A.D.2d 515).
The defendant's claim that the court erred in refusing to give a missing witness charge with regard to two police officers who were in the same observation van as one of the police officers who testified at trial, is unpreserved for appellate review as the defendant cannot rely on the request of a codefendant ( see, People v. Laboy, 208 A.D.2d 954, 955; People v. Buckley, 75 N.Y.2d 843; People v. Woodside, 204 A.D.2d 168, 169). In any event, this Court previously determined, upon the appeal of another codefendant, that' the request was properly denied on the ground that the testimony would have been cumulative ( see, People v. Laboy, supra, at 956).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Santucci, J. P., Krausman, Florio and Feuerstein, JJ., concur.