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PEOPLE v. GREAVES

94 N.Y.2d 775 (1999)

720 N.E.2d 863

698 N.Y.S.2d 587

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE GREAVES, Appellant.

Court of Appeals of the State of New York.

Decided October 14, 1999.

Attorney(s) appearing for the Case

Kannan Sundaram, New York City, M. Sue Wycoff and Michele S. Maxian for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Edward L. Schnitzer, Joseph N. Ferdenzi and Allen H. Saperstein of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted of robbery, reckless endangerment and criminal possession of a firearm. The issue on this appeal by leave of a Judge of this Court is whether the trial court's refusal to instruct the jury that "the indictment is not evidence of anything" constitutes reversible error.

We conclude that...

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