PEOPLE v. KELLY


46 A.D.2d 754 (1974)

The People of the State of New York, Respondent, v. Colin Kelly, Appellant

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

November 12, 1974


We agree with the view of our dissenting colleague that the defendant did not receive a completely balanced charge. Although the court referred to the statements of the defendant to the witness, Cofield, the court did not make countervailing references to the claims of the defendant that those statements were "nonsense", "untruthful" and "wild". The contention of the defendant with regard to this subject should have been adverted to by the trial court and it was error not...

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