Ordered that the judgment is affirmed.
The court's charge was proper in that it stated that the indictment is "nothing more than an accusation and has no evidentiary or probative value whatsoever", and that the indictment is "neither evidence of anything, nor does it prove anything".
Although the prosecutor's remark that the evidence was "uncontested" improperly referred to the defendant's failure to testify (see, People v Carlton,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.