People v. Baker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the People from an order of the Supreme Court, Kings County (Moskowitz, J.), dated December 8, 1987, granting the defendant’s motion pursuant to CPL 330.30 to set aside the verdict finding him guilty of robbery in the first degree.
Ordered that the order is reversed, on the law, the verdict is reinstated, and the matter is remitted to the Supreme Court, Kings County, for sentencing.
The Supreme Court erred in setting aside the verdict on the basis of the trial court’s unrequested instruction on the defendant’s failure to testify (see, People v McLucas, 15 NY2d 167). While the trial…
2Cases cited9 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. McLucasNew York Court of Appeals · 1965
- People v. KobersteinNew York Court of Appeals · 1985
- People v. ConcepcionAppellate Division of the Supreme Court of the State of New York · 1987
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. GibbsAppellate Division of the Supreme Court of the State of New York · 1990
- People v. TanoAppellate Division of the Supreme Court of the State of New York · 1991
- People v. StaleyAppellate Division of the Supreme Court of the State of New York · 1992
- People v. SalaamAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BennettAppellate Division of the Supreme Court of the State of New York · 1990
3 more not listed; retrieve them via the Exa API.