PEOPLE v. WILLIAMS


150 A.D.2d 628 (1989)

The People of the State of New York, Respondent, v. Robert Williams, Appellant

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

May 15, 1989


Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

The trial court committed reversible error when it delivered an instruction to the jury with regard to the defendant's failure to testify, which instruction not only exceeded the "plain and simple language of CPL 300.10 (2)" (People v Morris, 129 A.D.2d 591; see also, People v McLucas...

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