People v. Jiminez

Kunzeman, J. P.,

dissents, and votes to affirm the judgment appealed from, with the following memorandum: Contrary to the position adopted by my learned colleagues of the majority, I am of the view that neither the improper missing witness charge nor the prosecutor’s comments during summation constitutes reversible error.

On March 27, 1987, the defendant and an acquaintance Eddie Rios went to a church dance to pick up Rios’ sister, Sylvia. While waiting for Sylvia Rios to leave the dance, Eddie Rios and the defendant heard three men across the street from the church shout obscenities at some…