People v. Pryor

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME PRYOR, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 8, 1998

256 A.D.2d 83 (N.Y. App. Div. 1998)

681 N.Y.S.2d 754

Opinion

December 8, 1998

Appeal from the Supreme Court, New York County (Arlene Silverman, J.).

Any error in the court's failure to give a requested missing witness instruction was harmless in light of the overwhelming evidence against defendant, including his confession, as well as the fact that he was permitted to comment in summation upon the witness's absence.

The court's Sandoval ruling was a proper exercise of discretion ( People v. Walker, 83 N.Y.2d 455; People v. Pavao, 59 N.Y.2d 282, 292).

Concur — Milonas, J. P., Nardelli, Williams, Tom and Andrias, JJ.