Appellate Division of the Supreme Court of the State of New York June 15, 1925 (People v. Kearns)

Judgment of conviction of the County Court of Kings county reversed upon the law, and a new trial ordered. It was error for the court to indulge in the remark as to the defendant’s ability to produce on his own behalf an “ available witness,” referring to one of defendant’s companions. The law placed no such duty upon the defendant.