People v. Brown

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LESLIE BROWN, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 14, 1994

202 A.D.2d 514 (N.Y. App. Div. 1994)

610 N.Y.S.2d 804

Opinion

March 14, 1994

Appeal from the Supreme Court, Queens County (Robinson, J.).

Ordered that the judgment is affirmed.

The defendant's contention that the trial court erred by refusing to give a missing witness charge with respect to the undercover officer's so-called "ghost" is without merit. The People established that the uncalled officer's testimony would have been cumulative (see, People v. Gonzalez, 68 N.Y.2d 424; People v. Tate, 199 A.D.2d 291; People v. Morris, 168 A.D.2d 464). Rosenblatt, J.P., Ritter, Pizzuto and Altman, JJ., concur.