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People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 628 (N.Y. App. Div. 1989)

Opinion

May 15, 1989

Appeal from the Supreme Court, Kings County (Tomei, J.).


Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

The trial court committed reversible error when it delivered an instruction to the jury with regard to the defendant's failure to testify, which instruction not only exceeded the "plain and simple language of CPL 300.10 (2)" (People v Morris, 129 A.D.2d 591; see also, People v McLucas, 15 N.Y.2d 167), but also contained language "`implying that his decision not to testify was a tactical maneuver rather than the exercise of his constitutional rights'" (see, People v Soto, 146 A.D.2d 657; see, People v Colon, 143 A.D.2d 105; People v Gale, 138 A.D.2d 401; cf., People v Ogle, 142 A.D.2d 608; People v Morris, supra). Mollen, P.J., Mangano, Kooper and Spatt, JJ., concur.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 628 (N.Y. App. Div. 1989)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT WILLIAMS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 1989

Citations

150 A.D.2d 628 (N.Y. App. Div. 1989)
541 N.Y.S.2d 498

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