People v. Rosario

—Judgment, Su*244preme Court, New York County (Ronald Zweibel, J.), rendered June 10, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of four and one-half to nine years, unanimously affirmed.

The trial court did not err in denying defendant’s request for a missing witness charge with respect to the second "ghost” officer on the buy-and-bust team. While the testimony of the undercover officer and the "ghost” who stood nearby during the transaction differed on some minor points,…