From Casetext: Smarter Legal Research

People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 92 (N.Y. App. Div. 1986)

Opinion

July 7, 1986

Appeal from the Supreme Court, Kings County (O'Brien, J.).


Judgment affirmed.

The 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 A.D.2d 717).

During 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.

The defendant's remaining contentions have been considered and found to be without merit. Mangano, J.P., Brown, Weinstein and Spatt, JJ., concur.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 92 (N.Y. App. Div. 1986)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WILLIAMS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 7, 1986

Citations

122 A.D.2d 92 (N.Y. App. Div. 1986)

Citing Cases

People v. Seward

Accordingly, the receipt of this evidence does not constitute reversible error. We have reviewed the…