People v. McCalla

—Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) after police recovered a quantity of cocaine thrown by defendant from his motor vehicle during a high speed chase.

The sole argument of defendant on appeal is that County Court erred in denying his request for a missing witness charge with respect to a police officer who did not testify. Although defendant met his initial burden of…