PEOPLE v. LATTIMORE


174 A.D.2d 352 (1991)

The People of the State of New York, Respondent, v. Alvin Lattimore, Appellant

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

June 6, 1991


The court adequately instructed the jury not to draw any unfavorable inferences from defendant's election not to testify by stating that the jury could not "hold * * * against" defendant the fact that he chose not to testify. In conjunction with this admonition, the court stated that it was the prosecutor who bore the burden of proving guilt, and that defendant was not required "to prove or disprove anything." The court also properly instructed the jury as to the evidentiary...

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