People v. Moss

—Appeal from a judgment of the County Court of Chemung County (Danaher Jr., J.), rendered January 22, 1990, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree.

We reject defendant’s contention that County Court erred in refusing to give a missing witness charge to the jury regarding the People’s failure to call as a witness the informant in the case. The uncalled witness was available to defendant and the record supports the court’s conclusion that it was not shown that the witness’s testimony would have been noncumulative (see,…