PEOPLE v. WASHINGTON


71 N.Y.2d 916 (1988)

The People of the State of New York, Appellant, v. Alfred Washington, Respondent.

Court of Appeals of the State of New York.

Decided April 21, 1988.


Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Richard E. Weill of counsel), for appellant.

Carol Kahn for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, and the case remitted to that court for the exercise of its discretion.

At the conclusion of the trial on charges of burglary in the second degree — after the closing of arguments but before the court's charge to the jury — defendant for the first time expressed a desire to testify, "to offer the jurors some other hypothesis of the evidence...

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