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PEOPLE v. RIOS

27 N.Y.2d 202 (1970)

The People of the State of New York, Appellant, v. Hector Rios, Respondent.

Court of Appeals of the State of New York.

Decided November 11, 1970.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Raymond J. Scanlon and Harry Brodbar of counsel), for appellant.

Diane A. Lebedeff and Milton Adler for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur in Per Curiam opinion.

Per Curiam.

At issue is the right of a criminally convicted defendant to a jury instruction on an addiction hearing held pursuant to sections 207 and 208 of the Mental Hygiene Law to the effect that no adverse inference may be drawn from defendant's failure to testify in his own behalf. The Appellate Term held that constitutional limitations required such an instruction....

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