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PEOPLE v. CORA

47 A.D.2d 739 (1975)

The People of the State of New York, Respondent, v. Jose Cora, Appellant

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

March 20, 1975

It is axiomatic that no allusion may be made to the fact that the defendant has failed to avail himself of his right to testify in his own behalf. (CPL 60.15, subd. 2.) In this matter, there was a colloquy, provoked by defense counsel, in the jury's presence, over an alleged offer by the defendant to take a lie detector test. The prosecutor stated: "Does this defendant wish to have his veracity proven in this courtroom, there's...

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