People v. Holmes

Memorandum: None of the issues raised by defendant on this appeal from his conviction on 10 counts of robbery in the first degree has any merit, and only one warrants comment. During voir dire and in his opening statement, the prosecutor stated that defendant’s brother, Donald Holmes, would testify for the People as to defendant’s complicity in a robbery of the Berlin Restaurant. Donald Holmes was never produced at trial. The People were permitted to introduce the testimony of an investigator that extensive investigation had failed to uncover the whereabouts of Donald Holmes. The rule is…