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PEOPLE v. GIBSON

89 A.D.2d 859 (1982)

The People of the State of New York, Respondent, v. William Gibson, Appellant

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

August 2, 1982

Judgment reversed, on the law, and new trial ordered.

The court's refusal to instruct the jury, as requested, on the issue of the voluntariness of the defendant's statements, as required by CPL 710.70 (subd 3), necessitates a new trial (see People v Graham, 55 N.Y.2d 144). Contrary to the People's position, the error may not be regarded as harmless (cf. People v Almestica, 42 N.Y.2d 222...

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