People v. McBride

272 A.D.2d 200, 708 N.Y.S.2d 18, 2000 N.Y. App. Div. LEXIS 5661

Opinion

—Judgment, Supreme Court, Bronx County (John Stackhouse, J.), rendered July 1, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s request for a missing witness charge was properly denied. Defendant failed to meet her initial burden of showing that the uncalled police witness overheard a transmission of the drug transaction or that, even if he heard the transmission, he could have been expected to provide material and noncumulative testimony (see, People v Dianda, 70 NY2d 894; People v Shaw, 214 AD2d 472, lv denied 86 NY2d 802). Concur — Williams, J. P., Tom, Mazzarelli and Buckley, JJ.