People v. Perez

171 A.D.2d 417, 566 N.Y.S.2d 644, 1991 N.Y. App. Div. LEXIS 2532

Opinion

Judgment, Supreme Court, Bronx County (Nicholas Figueroa, J.), rendered March 22, 1989, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing defendant, as a predicate felon, to an indeterminate term of 4 Vi to 9 years, unanimously affirmed.

The defendant was not entitled to a missing witness charge as to the partner of the undercover officer who conducted the "buy and bust” operation in which the defendant was arrested (People v Pugh, 166 AD2d 324). The defendant failed to demonstrate that the uncalled police witness would have offered something other than cumulative and non-material testimony concerning insignificant phases of the undercover operation (People v Ramos, 159 AD2d 596, Iv denied 76 NY2d 741). Concur — Rosenberger, J. P., Ross, Asch and Smith, JJ.