PEOPLE v. LYNCH


145 A.D.2d 440 (1988)

The People of the State of New York, Respondent, v. Albert Lynch, Appellant

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

December 5, 1988


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,

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