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PEOPLE v. RAMOS

305 A.D.2d 115 (2003)

757 N.Y.S.2d 741

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUNIOR RAMOS, Appellant.

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

Decided May 1, 2003.

The court properly precluded defendant from commenting in summation on the fact that the People had not called the drug purchaser in this observation sale as a witness. We note initially that defendant abandoned this issue (see People v Graves, 85 N.Y.2d 1024, 1027 [1995]). In any event, although a summation comment on witness's absence does not require the same foundation as a missing witness charge, there was no basis for such...

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