People v. Cooper

—Judgment unanimously affirmed. Memorandum: Defendant contends that the court erred in refusing to give a missing witness charge. That contention is without merit. Defendant failed to meet his burden "to show that the witness[es] could provide noncumulative testimony on a material issue in the case” (People v Peterson, 188 AD2d 1002, 1003, lv denied 81 NY2d 891; see, People v Robinson, 174 AD2d 998, lv denied 78 NY2d 1014). Nor was defendant entitled to an accomplice charge, because the evidence failed to support an inference that the witnesses participated in the crime as accomplices (see,…