Opinion
December 6, 1993
Appeal from the Supreme Court, Kings County (Beldock, J.).
Ordered that the judgment is affirmed.
The trial court's refusal to give a missing witness charge with respect to the People's failure to call Officer Esposito to testify was proper. The People established that Officer Esposito's testimony would not have contradicted or added to that of the other witnesses, and therefore, would have been cumulative (see, People v Almodovar, 62 N.Y.2d 126; People v Buckler, 39 N.Y.2d 895; People v Porter, 110 A.D.2d 662). Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.