PEOPLE v. FOSTER

Judgment unanimously affirmed. Memorandum: Defendant was not entitled to a missing witness charge regarding the prosecutor's failure to call as a witness the confidential informant who arranged and participated in the first sale of cocaine by defendant to an undercover police officer. The People met their burden of proving that the informant's testimony would be merely cumulative, and there is no evidence in the record that the uncalled witness would have given different testimony (see, People v Buckler, 39 N.Y.2d 895, 897; People v Watkins, 67 A.D.2d 717, 718; cf., People v Fields, 76 N.Y.2d 761, 763). We have examined defendant's remaining arguments and find them lacking in merit.