[Download] "People State New York v. John W. Koberstein" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. John W. Koberstein
- Author : Court of Appeals of New York
- Release Date : January 19, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
CPL 300.10 (2) provides that upon a request of a defendant who does not testify in his own behalf, "but not otherwise", the
court must instruct the jury that no unfavorable inference may be drawn against the defendant because of his failure to testify.
This rule prohibiting a "no inference" charge absent the defendant's request applies to instructions given during the voir
dire (see, People v Boyd, 53 N.Y.2d 912, affg 74 A.D.2d 647).