People v. Wood

—Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered April 22, 1998, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

While a defendant is under no duty to call any witnesses and, ordinarily, the prosecution should not comment on his or her failure to do so (see, People v Gonzalez, 97 AD2d 423; People v La Susa, 87 AD2d 578; People v Thompson, 75 AD2d 830), if a defendant elects to adduce affirmative proof of…