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PEOPLE v. MELENDEZ

173 A.D.2d 168 (1991)

The People of the State of New York, Respondent, v. David Melendez, Appellant

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

May 2, 1991

This Court has already found, on review of the conviction of defendant's co-defendant (People v Rivera, 171 A.D.2d 459), that the court's missing witness charge and the prosecutor's comment concerning the defendants' failure to produce a witness were not improper. We see no reason to disturb that finding. Moreover, a review of the record reveals that other comments made by the prosecutor in summation, which defendant argues deprived...

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