People v. Stallings

Judgment unanimously affirmed. Memorandum: The jury convicted defendant of rape in the first degree and petit larceny. The charges arose from the forcible rape of a 22-year-old woman on the early morning of January 15, 1983. Defendant’s several claims of error with respect to the court’s charge are all without merit and only one requires comment. He contends that the court erred in giving a missing witness charge to the jury. We disagree.

“[Ojrdinarily, comment may not be made upon a defendant’s failure to testify or otherwise come forward with evidence, but, once a defendant does so, his or…