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PEOPLE v. PEPE

262 A.D.2d 7 (1999)

690 N.Y.S.2d 566

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES PEPE, Also Known as AARON GROSS, Appellant.

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

Decided June 1, 1999.

The court properly exercised its discretion in precluding defendant from commenting on the People's failure to call a witness and in instructing the jury not to speculate as to what testimony the witness might have given, since defendant did not establish any foundation for such a summation comment (see, People v Tankleff, 84 N.Y.2d 992, 995).

The record establishes a valid waiver...

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