PEOPLE v. MASON


263 A.D.2d 73 (2000)

706 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHAWN MASON, Also Known as DARREL ISAAC, Appellant.

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

February 29, 2000.


Attorney(s) appearing for the Case

Richard Nahas of counsel (Rona Feinberg on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

Paul Wiener of counsel, New York City (M. Sue Wycoff, attorney), for appellant.

ELLERIN and BUCKLEY, JJ., concur with NARDELLI, J. P.; SAXE, J., dissents in a separate opinion.


OPINION OF THE COURT

NARDELLI, J. P.

The issue raised in this appeal concerns whether a fundamental error of constitutional law concerning the defendant's right to testify, espoused by defense counsel and adopted by the trial court, which inexorably led to an arbitrary and confusing series of events, ultimately resulted in prejudice to defendant which cannot be deemed harmless and which is sufficient to warrant a new trial.

Defendant was charged...

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