People v. Ramirez

Judgment, Supreme Court, New York County (Paul Bookson, J.), rendered July 22, 1992, convicting defendant, after a jury trial, of robbery in the first degree and burglary in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 8V2 to 17 years, unanimously affirmed.

The trial court properly instructed the jury on defendant’s failure to call his wife to testify in his behalf. Though defendant and his wife were apparently separated, on this record, it is clear that she was still under his control as a witness (see, People v Gonzalez, 68 NY2d 424, 428-429), a…