Opinion
July 1, 1997
Appeal from the Supreme Court, New York County (Mary McGowan Davis, J.).
The trial court properly rejected defendant's request for a missing witness charge concerning two officers where the defense failed to meet the threshold requirement of establishing that the alleged witnesses were knowledgeable about a material issue in the case and could provide non-cumulative testimony ( see, People v. Kitching, 78 N.Y.2d 532; People v. White, 186 A.D.2d 503, lv denied 81 N.Y.2d 796). Moreover, the defense failed to raise the matter as soon as practicable to allow the court to exercise its discretion and to permit the parties to tailor their strategies ( see, People v. Gonzalez, 68 N.Y.2d 424, 428). We perceive no abuse of discretion in sentencing.
Concur — Murphy, P. J., Milonas, Ellerin, Andrias and Colabella, JJ.