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PEOPLE v. COLBAN

186 A.D.2d 8 (1992)

The People of the State of New York, Appellant, v. Fred Colban, Respondent

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

September 3, 1992

We agree with the motion court that the Grand Jury proceedings were compromised by the prosecutor's unsolicited comment that defendant had elected not to testify, and attendant failure to then instruct the Grand Jury that no inference unfavorable to defendant could be drawn from his failure to approach and testify (CPL 190.30 [1]; People v Scott, 70 A.D.2d 601).

Kupferman, J., concurs in the result only in a...

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