Public-domain · open source
OpenJurist

122 A.D.2d 92

People v. Williams

Appellate Division of the Supreme Court of the State of New York · decided 1986-07-07

Decided 1986-07-07

¶1— Appeal by the defendant from a judgment of the Supreme Court, Kings County (O’Brien, J.), rendered September 20, 1984, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.

¶2Judgment affirmed.

¶3The trial court correctly refused to grant a missing witness charge with respect to Darryl Myrick inasmuch as there was no evidence that Mr. Myrick could testify as to a material fact or that he was under the People’s control (see, People v Watkins, 67 AD2d 717).

¶4During summation, the prosecutor improperly commented on the defendant’s and his codefendants’ failure to give the police an exculpatory explanation of their activity. However, the court gave extensive curative instructions, with the defendant’s agreement. The instructions adequately cured any possible prejudice to the defendant.

¶5The defendant’s remaining contentions have been consid*93ered and found to be without merit. Mangano, J. P., Brown, Weinstein and Spatt, JJ., concur.

/122/ad2d/92 · .json · Public domain