PEOPLE v. AUTRY


75 N.Y.2d 836 (1990)

The People of the State of New York, Respondent, v. Stephen Autry, Appellant. The People of the State of New York, Respondent, v. Domingo Lara, Appellant. The People of the State of New York, Respondent, v. James Brown, Also Known as Brian Brooks, Appellant. The People of the State of New York, Appellant, v. George Fehr, Respondent.

Court of Appeals of the State of New York.

Decided February 13, 1990.


Attorney(s) appearing for the Case

Francis A. Brady, III, and Philip L. Weinstein for appellants in the first and second above-entitled actions.

Francis A. Brady, III, Philip L. Weinstein and Sara Bennett for appellant in the third above-entitled action.

John J. Santucci, District Attorney, Queens County (Seymour Roth of counsel), for appellant in the fourth above-entitled action.

Robert M. Morgenthau, District Attorney, New York County (Susan Corkery, Hilary Hassler and Laurie Sapakoff of counsel), for respondent in the first and third above-entitled actions.

Robert T. Johnson, District Attorney, Bronx County (Joseph M. Sise and Billie Manning of counsel), for respondent in the second above-entitled action.

Freda S. Nisnewitz for respondent in the fourth above-entitled action.

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


MEMORANDUM.

In People v Autry, People v Lara and People v Brown, the order of the Appellate Division should be affirmed. In People v Fehr, the order of the Appellate Division should be reversed.

Each of these four cases involves a claim by the defendant that the trial court's instructions to the jurors concerning their duty to draw no adverse inference from the defendant's failure to testify...

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