Judgment unanimously affirmed. Memorandum: During presentation of the People’s case, a former police officer unexpectedly testified that prior to the subject robbery, he observed two persons walking out of a "drug house”. Defense counsel objected and moved for a mistrial, contending that this reference was prejudicial in that it suggested that defendant was involved with drugs. The trial court refused to grant a mistrial, and instead, directed the jury to disregard the witness’s answer. Defendant’s contention that the trial court abused its discretion in refusing to grant a mistrial is without merit. The court weighed various alterna
The court did not err in refusing defendant’s request for a missing witness charge. The People established that the uncalled witness would not have provided testimony different from that already presented by a prosecution witness (see, People v Gonzalez, 68 NY2d 424, 428). (Appeal from Judgment of Monroe County Court, Friedlander, J.—Robbery, 1st Degree.) Present—Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.