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PEOPLE v. DIGGS

151 A.D.2d 359 (1989)

The People of the State of New York, Respondent, v. Thomas Diggs, True Name Yemeriah Yisrael, Appellant

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

June 22, 1989

Defendant challenges, in part, the court's charge to the jury regarding defendant's failure to testify. In that connection, the court instructed the jury as follows:

"Section 300.10 of the Criminal Procedure Law provides in part at subdivision 2, upon request of a defendant who did not testify in his own behalf, but not otherwise, the Court must state that the fact that he did not testify is not a factor from which any...

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