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PEOPLE v. PRYOR

256 A.D.2d 83 (1998)

681 N.Y.S.2d 754

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME PRYOR, Appellant.

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

Decided December 8, 1998.

Any error in the court's failure to give a requested missing witness instruction was harmless in light of the overwhelming evidence against defendant, including his confession, as well as the fact that he was permitted to comment in summation upon the witness's absence.

The court's Sandoval ruling was a proper exercise of discretion (People v Walker, 83 N.Y.2d 455; People v Pavao, 59 N.Y.2d...

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