Opinion
June 1, 1999.
Appeal from the Supreme Court, New York County (Arlene Silverman, J.).
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.