People v. Williams

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and a new trial, ordered.

Defendant did not request a missing witness charge as to the prosecution’s failure to call Deputy Shirley to testify and no reviewable issue is presented as to that matter. The prosecution, however, was not entitled to the charge, to which defendant objected, which expressly forbade the jury from drawing any negative inference from the prosecution’s failure to call Deputy Shirley. Thus, the trial court’s instruction on this issue was error.

Additionally, it was error on the part of…