PEOPLE v. VANLUVENDER


35 A.D.3d 238 (2006)

827 N.Y.S.2d 22

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM VANLUVENDER, Appellant.

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

Decided December 12, 2006.


The court did not impair defendant's right to testify, and it properly denied his post-verdict motion raising that issue, as well as his request that the court recuse itself from deciding that motion. Before summations, defense counsel complained about an off-the-record bench conference in which, according to counsel, the court warned that if defendant testified, the court would conclude from the mere fact of a conviction that defendant had committed perjury, and further...

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