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PEOPLE v. VASQUEZ

288 A.D.2d 17 (2001)

732 N.Y.S.2d 218

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO VASQUEZ, Appellant.

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

Decided November 1, 2001.

Defendant was not deprived of a fair trial when the court sustained the prosecutor's objection to defendant's summation remark urging the jury to draw a negative inference from the "ghost" officer's failure to testify. There was no evidence that the ghost was in a position to observe any aspect of the drug transaction (see, People v Vasquez, 272 A.D.2d 226, lv denied 95 N.Y.2d 872). Thus, there were no adverse inferences that...

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