PEOPLE v. WILLIAMS


13 A.D.3d 660 (2004)

786 N.Y.S.2d 357

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFFORD WILLIAMS, Appellant.

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

December 27, 2004.


Ordered that the judgment is affirmed.

Where, as here, a defendant elects to present evidence of his innocence, his failure to call certain significant witnesses in support of his defense may be brought to the jury's attention by the prosecutor on summation, provided that the prosecutor's comments are not made in bad faith and are merely efforts to persuade the jury to draw inferences supporting the People's position (see People v Tankleff,

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