' State v. Daniels, supra, 113-14." State v. Gonzalez, 197 Conn. 677, 680-81, 500 A.2d 1330 (1985). An examination of the record discloses that the defendant testified that an entry in the notebook found in his jacket, "Stevie, two bags," had referred to someone who had given the defendant two bags of marihuana to pay a debt.

Because there was no constitutional violation, it was the defendant's burden to demonstrate the harmfulness of the 744 violation. State v. Gonzalez, 197 Conn. 677, 681, 500 A.2d 1330 (1985). "On the present record we are not persuaded that the defendant has made the requisite showing of the harmfulness of this Practice Book violation."

When `counsel for either the state or the defendant intends to argue to the jury that an unfavorable inference be drawn from the absence of a witness at trial, an advance ruling from the court should be sought and obtained.'" State v. Gonzalez, 197 Conn. 677, 680, 500 A.2d 1330 (1985); State v. Daniels, 180 Conn. 101, 113, 429 A.2d 813 (1980). In order for such a rule to have any efficacy, objections by a party opposing such an instruction should be made at the time the advance ruling is sought.

Practice Book 4185. While we hasten to emphasize that we do not condone the withholding of exculpatory information, it was the defendant's burden in this case to show the harmfulness of this non-constitutional error. State v. Gonzalez, 197 Conn. 677, 681, 500 A.2d 1330 (1985). On the present record, we are not persuaded that the defendant has made the requisite showing of the harmfulness of this Practice Book violation.

This he has not done. The state's case against the defendant was a strong one. See generally State v. Gonzalez, 197 Conn. 677, 682-83, 500 A.2d 1330 (1985). The victim positively identified the defendant as her attacker.

This he has not done. The case against the defendant was a strong one. See generally State v. Gonzalez, 197 Conn. 677, 682-83, 500 A.2d 1330 (1985). The victim was consistent in her claim that it was the defendant who had sexually assaulted her, in her description of where these assaults had occurred, and in her detail of the methods used by the defendant.

The trial court's error, however, was harmless unless it was so serious that it was likely to have affected the outcome of the trial. State v. Gonzalez, 197 Conn. 677, 681, 500 A.2d 1330 (1985). We conclude that the error was harmless since, under the circumstances of this case, it is unlikely that the jury was misled by the court's instructions.

On the basis of these facts, we find no merit to the defendant's claim. See, e.g., State v. Gonzalez, 197 Conn. 677, 681, 500 A.2d 1330 (1985); State v. Milum, 197 Conn. 602, 616, 500 A.2d 555 (1985).

When a defendant's claim of error on appeal is not of a constitutional nature, the burden rests upon the defendant to demonstrate that the claimed erroneous action of the trial court would have been likely to affect the result. State v. Gonzalez, 197 Conn. 677, 681, 500 A.2d 1330 (1985); State v. Cooper, 182 Conn. 207, 212, 438 A.2d 418 (1980); State v. Ruth, 181 Conn. 187, 197, 435 A.2d 3 (1980). Because the defendant's claim of error involves only an evidentiary matter, and not the violation of a constitutional right, the burden of proving the harmfulness of the charge rests upon the defendant.

When counsel for either party intends to argue that such an inference should be drawn, a ruling from the trial court should be sought and obtained. State v. Daniels, 180 Conn. 101, 113, 429 A.2d 813 (1980); see State v. Gonzalez, 197 Conn. 677, 680, 500 A.2d 1330 (1985). The prosecutor in this case failed to seek permission to argue for an adverse inference.