PEOPLE v. COLEMAN (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Respondent, v. William COLEMAN, Appellant.

Decided: November 19, 1997

Before GREEN, J.P., and LAWTON, HAYES, CALLAHAN and FALLON, JJ.

James M. Perry by Joseph Frazier, Lockport, for Appellant. Matthew J. Murphy, III by Thomas Brandt, Lockport, for Respondent.

County Court properly denied defendant's request for a missing witness charge. The record establishes that, when defendant provided drugs to an undercover police informant, there were three individuals standing nearby. The informant testified that those individuals “were part of the transaction” and that they were friendly with defendant. Under those circumstances, defendant did not make the requisite prima facie showing that the missing witnesses could be expected to provide testimony favorable to the prosecution (see, People v. Macana, 84 N.Y.2d 173, 177, 615 N.Y.S.2d 656, 639 N.E.2d 13; People v. Panzardi, 213 A.D.2d 1067, 624 N.Y.S.2d 500, lv. denied 85 N.Y.2d 978, 629 N.Y.S.2d 738, 653 N.E.2d 634). We further conclude that defendant's sentence is neither unduly harsh nor severe.

Judgment unanimously affirmed.

MEMORANDUM:

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