People v. Perry

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered June 22, 1989, convicting him of robbery in the first degree, robbery in the second degree, and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

During summation, defense counsel commented on the prosecutor’s failure to produce a videotape in which the defendant denied any involvement in the crime. The prosecutor, during summation, suggested that the defendant had the burden of producing the videotape. The defendant contends that…