SCHWARTZ, Chief Judge.
The sole claim asserted on this appeal from a conviction for conspiracy to traffic in cocaine is that the trial court improperly precluded defense counsel from commenting in final argument on the state's failure to produce a confidential informant as its witness at the trial. To justify the inference against the prosecution sought to be drawn below, it is necessary to show that [1] the uncalled "`witness is peculiarly within the party's power...
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