Legal Opinion
People v. McColly
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 1992PublishedCited by 2 opinions
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for review his contention that the court committed error in elaborating on the plain language of CPL 300.10 (2) (see, People v Autry, 75 NY2d 836, 838-839). Were we to reach the issue, we would conclude that the court did not err. Because of defendant’s request for an instruction to cure the prosecutor’s error in referring to defendant’s failure to take the witness stand, the trial court properly gave a more emphatic charge (see, People v Jalah, 107 AD2d 762).
By not requesting a charge on the defense of justification,…
2Cases cited7 opinions
- In re PadillaNew York Court of Appeals · 1986
- People v. AutryNew York Court of Appeals · 1990
- People v. JalahAppellate Division of the Supreme Court of the State of New York · 1985
- People ex rel. Maurer v. JacksonNew York Court of Appeals · 1957
- People v. RobbinsAppellate Division of the Supreme Court of the State of New York · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. BellAppellate Division of the Supreme Court of the State of New York · 1996
- McColly v. BrunelleDistrict Court, W.D. New York · 1997