Opinion
November 15, 1988
Appeal from the Wayne County Court, Strobridge, J.
Present — Dillon, P.J., Callahan, Boomer, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to meet his burden of showing the material and relevant nature of the informant's testimony necessary to require pretrial disclosure of the informant's identity (see, e.g., People v Goggins, 34 N.Y.2d 163, cert denied 419 U.S. 1012; People v Nicholaysen, 122 A.D.2d 170). At trial, the People voluntarily disclosed the informant's identity, but informed the court that they were unaware of his present whereabouts. The record supports the determination that the People had not contributed in any way to the disappearance of the informant and that the People had exerted reasonable diligence in attempting to locate him (see, People v. Maneiro, 49 N.Y.2d 769; People v. Miller, 124 A.D.2d 830, lv denied 69 N.Y.2d 830, cert denied 481 U.S. 1071; People v Watson, 120 A.D.2d 866).
The identity of defendant as the person who sold cocaine to the undercover officer presented an issue of fact which the court, sitting as trier of fact in this bench trial, resolved against the defendant. Viewing the evidence, as we must, in the light most favorable to the prosecution (see, People v Ford, 66 N.Y.2d 428, 437; People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), we conclude that there is legally sufficient evidence to support the conviction.