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PEOPLE v. COVINGTON

49 A.D.2d 951 (1975)

The People of the State of New York, Respondent, v. Gerald Covington, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 28, 1975

Judgments affirmed.

The District Attorney should not have referred to defendant's failure to call a particular witness, but in view of the nature of the error as to that and of the overwhelming proof at the trial of defendant's guilt, there was no reasonable possibility that the error contributed to defendant's conviction (People v Crimmins, 36 N.Y.2d 230). No objections were made by the defense when the comment was made...

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