Opinion
April 2, 1990
Appeal from the County Court, Nassau County (Wexner, J.).
Ordered that the judgment is affirmed.
We find no merit to the defendant's unsupported speculations that the prosecution conditioned acceptance of his codefendant's plea upon a promise that the codefendant would not testify on the defendant's behalf. Therefore, we do not perceive that this defendant was denied his Sixth Amendment due process right to call witnesses when the codefendant refused to testify by invoking his Fifth Amendment privilege against self-incrimination. Bracken, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.