PEOPLE v. PEPE

The court properly exercised its discretion in precluding defendant from commenting on the People's failure to call a witness and in instructing the jury not to speculate as to what testimony the witness might have given, since defendant did not establish any foundation for such a summation comment ( see, People v. Tankleff, 84 N.Y.2d 992, 995).

The record establishes a valid waiver of defendant's right to attend bench conferences during voir dire.

Concur — Ellerin, P. J., Nardelli, Williams, Saxe and Friedman, JJ.