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PEOPLE v. BAKER

153 A.D.2d 865 (1989)

The People of the State of New York, Appellant, v. Edward Baker, Respondent

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

September 11, 1989

Ordered that the order is reversed, on the law, the verdict is reinstated, and the matter is remitted to the Supreme Court, Kings County, for sentencing.

The Supreme Court erred in setting aside the verdict on the basis of the trial court's unrequested instruction on the defendant's failure to testify (see, People v McLucas, 15 N.Y.2d 167). While the trial court acted improperly in giving such a charge (see...

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