PEOPLE v. ANTONEDDY

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not deprived of a fair trial as a result of being tried in absentia when he absconded before the commencement of trial ( see, People v Parker, 57 N.Y.2d 136; People v. Roe, 196 A.D.2d 899, 900). The court did not err in denying defense counsel's request for a missing witness charge concerning the undercover police officer who monitored the so-called "buy-and-bust" transaction for which the defendant was arrested. The undercover officer was unavailable to testify as a result of injuries received in an unrelated "buy-and-bust" operation during which, among other injuries, his jaw was broken in three places and had to be wired shut ( see, People v. Gonzalez, 68 N.Y.2d 424; People v. Shaw, 160 A.D.2d 1032, 1033; People v. Aufiero, 139 A.D.2d 656, 657). Furthermore, the evidence in the record supports the court's conclusion that the testimony of the uncalled witness would have been entirely cumulative ( see, People v. Kitching, 78 N.Y.2d 532, 536-537; People v. Fields, 76 N.Y.2d 761, 763; People v. Vasquez, 76 N.Y.2d 722, 724; People v. Erts, 73 N.Y.2d 872, 874).

The defendant's remaining contentions are without merit. Balletta, J.P., Thompson, Santucci and Florio, JJ., concur.