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PEOPLE v. SMITH

190 A.D.2d 522 (1993)

The People of the State of New York, Respondent, v. Darryl Smith, Appellant

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

February 2, 1993

Contrary to defendant's contention, a missing witness charge is not a necessary predicate to comment on the failure of a party to produce relevant evidence (People v Zillinger, 179 A.D.2d 382). The prosecutor's use of rhetorical questions to note the absence of a central figure in the defense case did not assign an obligation to defendant to produce the witness. Moreover, any possible prejudice or confusion was alleviated by the...

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