PEOPLE v. PATTEN

Defendant's request for a missing witness charge, made after both sides rested, was untimely ( People v White, 222 AD2d 209). In any event, defendant failed to meet his initial burden to support such a charge by demonstrating that the witnesses had any material knowledge ( People v Gonzalez, 68 NY2d 424, 427).

The handwritten notes of the police chemist, even if arguably a business record, were nothing more than evidence cumulative of her testimony, and, as such, were properly excluded in the court's discretion ( People v Inniss, 83 NY2d 653, 658). "We have considered defendant's other contentions and find them to be without merit.