PEOPLE v. AYALA


35 A.D.2d 930 (1970)

The People of the State of New York, Respondent, v. Angel Ayala, Appellant. Louis J. Lefkowitz, Attorney-General, Intervenor.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 10, 1970


The refusal of the court to charge that the defendant was under no obligation to testify constituted reversible error. Subdivision 1 of section 208 of the Mental Hygiene Law, in part, provides: "If * * * the court determines * * * that there is reasonable cause to believe that the defendant is a narcotic addict, the defendant shall be so notified and given an opportunity to admit, deny or stand mute". "Since * * * defendant is entitled to stand mute it reasonably follows...

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