Opinion
January 23, 1987
Appeal from the Monroe County Court, Cornelius, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted for promoting prostitution in the third degree (Penal Law § 230.25). He claims that the evidence did not support the verdict and that the trial court erroneously prevented defense counsel from commenting in summation that the alleged prostitute was not called as a prosecution witness. We disagree.
Defendant offered the prostitute's services to two experienced police officers for a stated price. This evidence, if believed by the jury, was sufficient to prove that defendant was guilty of promoting prostitution in the third degree (see, People v Carey, 109 A.D.2d 982, 983; cf. People v. Rodriguez, 104 A.D.2d 547). On this record, the trial court's ruling during summation did not deprive defendant of a fair trial.