Opinion
June 20, 1991
Appeal from the County Court of Chemung County (Danaher Jr., J.).
We reject defendant's contention that County Court erred in refusing to give a missing witness charge to the jury regarding the People's failure to call as a witness the informant in the case. The uncalled witness was available to defendant and the record supports the court's conclusion that it was not shown that the witness's testimony would have been noncumulative (see, People v Torres, 146 A.D.2d 658, lv denied 73 N.Y.2d 1022; People v Shippee, 87 A.D.2d 942). We also reject defendant's claim that the prison sentence he received as a predicate felon of 8 to 16 years was harsh or excessive. The sentence was well within the statutory limits and, given his lengthy criminal record, was entirely appropriate (see, People v Davis, 147 A.D.2d 817, lv denied 74 N.Y.2d 807; People v Norwood, 142 A.D.2d 885, lv denied 72 N.Y.2d 960).
Mahoney, P.J., Weiss, Mikoll, Yesawich Jr. and Harvey, JJ., concur. Ordered that the judgment is affirmed.