Opinion
2724.
Decided January 22, 2004.
Judgment, Supreme Court, New York County (Lewis Stone, J.), rendered June 14, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 5 to 10 years, unanimously affirmed.
Hilary Hassler, for Respondent.
Claudia S. Trupp, for Defendant-Appellant.
Before: Nardelli, J.P., Ellerin, Williams, Gonzalez, JJ.
The court properly granted the prosecutor's request for a missing witness charge with respect to defendant's wife, who was in a position to provide material, noncumulative testimony, in that the evidence established that she accompanied defendant throughout the time period at issue ( see People v. Hagans, 306 A.D.2d 149).
Even assuming that some of the prosecutor's voir dire questions to prospective jurors about their knowledge of, and attitudes toward, drug trafficking were inappropriate ( see People v. Byrd, 284 A.D.2d 201, lv denied 97 N.Y.2d 679), these questions could not have caused any prejudice to defendant.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.