PEOPLE v. SYMCOX


40 A.D.2d 1039 (1972)

The People of the State of New York, Respondent, v. Thomas Patrick Symcox, Appellant

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

December 29, 1972


Judgment affirmed.

In the context of this case we do not consider the one sentence statement in the charge to the jury that the court wishes "to point out to you although the defendant did not take the stand you have no right to create any inference but you must weigh the case on the testimony of the people's witnesses" to be prejudicially erroneous, particularly since the court at another point in its charge made the applicable law crystal clear when it said, "A...

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