PEOPLE v. ABREU


74 A.D.2d 876 (1980)

The People of the State of New York, Respondent, v. Luciano Abreu, Appellant

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

March 17, 1980


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

We find that the defendant was denied a fair trial because of several errors and omissions in the court's charge to the jury. Particularly prejudicial were the court's instructions concerning the defendant's decision not to testify. By having told the jury that the law gives the defendant the right to take the stand and tell his version of what transpired...

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