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PEOPLE v. WILLIAMS

122 A.D.2d 92 (1986)

The People of the State of New York, Respondent, v. James Williams, Appellant

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

July 7, 1986

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...

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