People v. Johnson

*823The party seeking a missing witness charge must sustain an initial burden of showing that the opposing party failed to call a witness who could be expected to have knowledge regarding a material issue in the case and to provide testimony favorable to the opposing party (see People v Macana, 84 NY2d 173, 177; People v Gonzalez, 68 NY2d 424; People v Kitching, 78 NY2d 532, 536). Here, the defendant failed to sustain his burden since he did not demonstrate that the uncalled witness was knowledgeable about the drug transaction, and that the witness would naturally be expected to provide testimony…