People v. Tavarez

—Judgment, Supreme Court, Bronx County (John Moore, J.), rendered August 17, 1998, convicting defendant, after a jury trial of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s request for a missing witness charge regarding a “ghost” officer was properly denied since there was no evidence that he was in a position to make any relevant observations (see, People v Vasquez, 272 AD2d 226, lv denied 95 NY2d 872). There was no testimony concerning the ghost’s location at any…