PEOPLE v. GRAHAM


196 A.D.2d 552 (1993)

601 N.Y.S.2d 149

The People of the State of New York, Respondent, v. Otis Graham, Also Known as Steven Felder, Appellant

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

August 9, 1993


Ordered that the judgments are reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

We find that the defendant's right to a fair trial was violated by the court's expansive "no adverse inference" charge (see, CPL 300.10 [2]), as it unnecessarily implied that his decision not to testify was a strategic one (see, People v McCain, 177 A.D.2d 513; People v Mercado...

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