PEOPLE v. KRAMER

The court's instruction to the jury not to speculate as to the lack of fingerprint testing did not convey that the jury was to ignore the lack of fingerprint evidence, but rather that it was not to go beyond the evidence in theorizing as to why fingerprints had not been taken ( People v. Duncan, 221 A.D.2d 254, lv denied 87 N.Y.2d 972; People v. Brown, 155 A.D.2d 306, lv denied 75 N.Y.2d 811).

Concur — Wallach, J.P., Nardelli, Rubin, Tom and Andrias, JJ.