Opinion
November 5, 1990
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the judgment is affirmed.
The defendant's belated objection to the entry into evidence of a photocopy of the prerecorded "buy" money has not been preserved for appellate review (see, CPL 470.05). In any event, we note that the document was clearly made in the regular course of business (see, People v. Kennedy, 68 N.Y.2d 569, 579-580). The defendant's claim that the chain of custody was unclear is belied by the record (cf., People v. Davis, 44 N.Y.2d 269). Nor does the presence on the exhibit of police notations, consistent with the testimony of the officers involved in the drug sale, warrant reversal (cf., People v. Cierzniewski, 141 A.D.2d 828). In light of the overwhelming evidence of the defendant's guilt, any alleged error surrounding the admission of the photocopy with the notations was harmless (see, People v. Mullgrav, 137 A.D.2d 839, 840).
The trial court did not err in denying the defendant's request for a missing witness charge with respect to the undercover officer who remained outside the building during the sale. The record contains no indication that the officer ever viewed the defendant or observed any part of the drug transaction. Consequently, the defendant failed to sustain his initial burden of making a prima facie showing of entitlement to a missing witness charge, i.e., by demonstrating that the uncalled witness is knowledgeable about a material issue, that the witness would naturally be expected to provide noncumulative testimony favorable to the prosecution, and that the witness is available to such party (see, People v. Gonzalez, 68 N.Y.2d 424). The court's refusal to give a missing witness charge was not error in the absence of any indication that the nontestifying officer would have provided testimony which was material and noncumulative (see, People v. Lewis, 150 A.D.2d 499, 501). Brown, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.