AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL WOOD, Appellant.

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 A.D.2d 423; People v. LaSusa, 87 A.D.2d 578; People v. Thompson, 75 A.D.2d 830), if a defendant elects to adduce affirmative proof of his innocence, his failure to call material witnesses under his control in support of his defense may be brought to the attention of the jury and does not constitute an impermissible effort to shift the burden of proof ( see, People v. Tankle if, 84 N.Y.2d 992, 994; People v. Wilson, 64 N.Y.2d 634, 636; People v. Johnson, 167 A.D.2d 422; People v. Shaw, 112 A.D.2d 958, 959-960). The defendant testified regarding his emotional state upon his arrival at a friend's home to establish that he did not commit the crimes charged. Accordingly, the prosecutor properly brought to the jury's attention the defendant's failure to call this friend as a witness.

Use AI to get other relevant cases.

Comments

PEOPLE v. WOOD
(Apr 24, 2000)