June 29, 2010. Appeal from the 1st Dept: 69 AD3d 445 (NY). Lippman, Ch. J.
Any testimony by the ghost on that subject would have been cumulative. Defendant failed to make a prima facie showing that the ghost was located where he could see or hear any aspect of the drug transaction at issue (seePeople v. Dianda, 70 N.Y.2d 894, 524 N.Y.S.2d 381, 519 N.E.2d 292 [1987] ; People v. Mendez, 69 A.D.3d 445, 892 N.Y.S.2d 100 [1st Dept. 2010], lv denied 15 N.Y.3d 753, 906 N.Y.S.2d 826, 933 N.E.2d 225 [2010] ), and the evidence supports an inference to the contrary.In any event, any error in denying a missing witness charge was harmless.