PEOPLE v. MOOLENAAR


207 A.D.2d 711 (1994)

616 N.Y.S.2d 590

The People of the State of New York, Respondent, v. Brian Moolenaar, Appellant

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

September 20, 1994


Contrary to defendant's argument made for the first time on appeal, the trial court's instructions to the jury, which included a reference to defendant's "ultimate" testimony, did not violate defendant's right against self-incrimination. As defense counsel's opening statement pointedly advised the jury that defendant would testify, and indeed outlined defendant's proposed testimony, the trial court offered no information not already brought before the jury by defendant. Any...

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