PEOPLE v. BAILEY


268 A.D.2d 389 (2000)

704 N.Y.S.2d 205

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD BAILEY, Appellant.

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

Decided January 27, 2000.


The court properly precluded defendant from commenting in summation upon the fact that the prosecution did not call all of the approximately 10 to 12 members of the field team involved in the overall operation. The court did, however, permit counsel to comment on the failure to call the officer who was nearby. Inexplicably, the defense attorney did not do so. Although defendant was not required to request a missing witness charge or lay the foundation required for such a...

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