Appellate Division of the Supreme Court of the State of New York September 27, 2011 (People v. Riley)

The court properly denied defendant’s request for a missing witness charge. Defendant did not establish that the uncalled witness could have been expected to provide material and noncumulative testimony (see e.g. People v Arnold, 48 AD3d 239, 240-241 [2008], lv denied 10 NY3d 859 [2008]).