Opinion
February 2, 1999
Appeal from the Supreme Court, Bronx County (Alexander Hunter, J.).
It was not error for the trial court to have refused defendant's request for, a missing witness charge as to certain police officers. Defendant has not established that he ever made a prima facie showing of entitlement to such a charge in that he failed to demonstrate that such testimony would not be cumulative.
The court's Sandoval ruling was a proper exercise of discretion in which the court properly balanced the probative value of the convictions with the potential for undue prejudice ( see, People v. Walker, 83 N.Y.2d 455, 459).
Concur — Nardelli, J. P., Lerner, Mazzarelli and Saxe, JJ.