Opinion
July 13, 1990
Appeal from the Monroe County Court, Marks, J.
Present — Dillon, P.J., Callahan, Doerr, Pine and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of two counts of criminal possession of a controlled substance in the third degree, defendant argues that the court erred in refusing to give a missing witness charge with respect to Officer Raggi, one of two surveillance officers. The other surveillance officer and the undercover officer who purchased the drugs on two occasions each testified that he knew defendant by name and sight before the drug buys. The court did not abuse its discretion in denying the request, based on its determination, with which we agree, that the testimony of Officer Raggi would be cumulative (see, People v. Almodovar, 62 N.Y.2d 126, 132-133; cf., People v. Fields, 76 N.Y.2d 761; People v Rodriguez, 38 N.Y.2d 95, 101; People v. Ronchi, 154 A.D.2d 891, 892).
Defendant's remaining arguments on appeal are lacking in merit.