People v. Antoneddy
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered July 21, 1994, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree (three counts), and criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, he was not deprived of a fair trial as a result of being tried in absentia when he absconded before the commencement of trial (see, People v Parker, 57 NY2d 136; People v Roe, 196 AD2d 899, 900). The court did not err in denying defense counsel’s request for a missing witness charge concerning the undercover police officer who monitored the so-called "buy-and-bust” transaction for which the defendant was arrested. The undercover officer was unavailable to testify as a result of injuries received in an unrelated "buy-and-bust” operation during which, among other injuries, his jaw was broken in three places and had to be wired
The defendant’s remaining contentions are without merit. Balletta, J. P., Thompson, Santucci and Florio, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.