People v. Johnson

Judgment unanimously affirmed. Memorandum: Defendant contends that the jury may have convicted him of unindicted offenses of criminal sale and criminal possession of a controlled substance in the third degree, requiring reversal. The evidence established only one sale of cocaine and thus only one instance of possession of cocaine, and we therefore conclude that there is no danger that defendant was convicted of unindicted offenses (cf., People v McNab, 167 AD2d 858). County Court properly denied defendant’s request for a missing witness charge. Although the witness was knowledgeable about the…