People v. Passariella

—Judgment unanimously affirmed. Memorandum: Supreme Court properly rejected de*998fendant’s request that the jury be given a missing witness charge on the basis of the People’s inability to produce an informant for trial, despite their diligent yet unsuccessful attempts to locate him (see, People v Gonzalez, 68 NY2d 424; People v Sturgis, 154 AD2d 906, lv denied 75 NY2d 776; People v Morris, 140 AD2d 551, lv denied 72 NY2d 922). In addition, the court’s instruction to the jury that the People’s pretrial destruction of cocaine could be considered with respect to the sufficiency of the evidence was…