PEOPLE v. McBRIDE

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 N.Y.2d 894;People v. Shaw, 214 A.D.2d 472 lv denied 86 N.Y.2d 802)

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.