People v. Ferguson

Judgment of the County Court of Nassau county, convicting the defendant of attempted grand larceny in the first degree and conspiracy, and orders, reversed upon the law and the facts and a new trial ordered. The defendant’s guilt was not established beyond a reasonable doubt. Further, in response to defendant’s request to charge that the “ defendants in a criminal case do not have to call a witness on their behalf to prove anything,” *838the court stated: “ They do not have to, but the failure of the defendant to call witnesses which the jury may believe they could call may be considered by the…