—Appeal from a judgment of Monroe County Court (Connell, J.), entered May 8, 2000, convicting defendant after a jury trial of, inter alia, criminal sale of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal possession of a controlled substance in the third degree (§ 220.16 [1]). We reject the contention of defendant that County Court erred in denying his request for a missing witness charge with respect to a nontestifying codefendant who had entered a plea of guilty to a reduced charge (see People v Batson, 219 AD2d 538, 539, lv denied 87 NY2d 844; People v Hilts, 191 AD2d 779, 780-781, lv denied 81 NY2d 1074). Defendant made no showing that the testimony of the codefendant would be expected to be favorable to the People (see Hilts, 191 AD2d at 780-781). Under the circumstances, the People should not be required to call a witness whose testimony would be “presumptively suspect” (People v Rios, 184 AD2d 244, 245, lv denied 80 NY2d 908) or subject to impeachment detrimental to the People’s case (see People v McKnight, 165 Misc 2d 523, 527).
The court abused its discretion, however, in concluding that, should defendant decide to testify on his own behalf, he could