Opinion
November 4, 1993
Appeal from the Supreme Court, New York County (Ira Beal, J.).
Defendant requested a missing witness charge with respect to two confidential informants, whose testimony, he now claims, would have been critical to his defense of agency. However, this position was not advanced before the trial court, and is unpreserved for review as a matter of law (see, People v Gayle, 162 A.D.2d 261, lv denied 76 N.Y.2d 857). The requested charge was properly denied, on the basis sought, i.e., regarding the cost of the January 21st purchase, since as to that issue it was merely cumulative.
Concur — Sullivan, J.P., Rosenberger, Ellerin and Wallach, JJ.