Opinion
March 27, 1995
Appeal from the Supreme Court, Kings County (Moskowitz, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the court erred by denying his request for a missing-witness charge with respect to two police officers is without merit. The defendant failed to meet his burden of establishing that the uncalled officers were in a position to have knowledge of a material issue pending in the case (see, People v. Lyons, 81 N.Y.2d 753; People v. Hubbard, 184 A.D.2d 781).
The defendant's contention that the court erred by failing to impose a sanction upon the People for a Rosario violation is unpreserved for appellate review (see, People v. Buckley, 75 N.Y.2d 843; People v. Reid, 192 A.D.2d 1117), and we decline to reach it in the exercise of our interest of justice jurisdiction. Lawrence, J.P., Santucci, Friedmann and Florio, JJ., concur.