People v. Thomas

Defendant was convicted by a jury of unlawful sale 1 and possession 2 of narcotics. On appeal, defendant contends: 1) that the trial court erred in its instructions to the jury; 2) that the prosecutor’s argument to the jury was highly improper and prejudicial to defendant and 3) that the trial court erred in denying defendant’s motion for a new trial on the ground that the prosecutor’s key witness allegedly recanted his testimony after trial.

Initially, defendant alleges that his right to defend the charge by an attorney was violated by the following jury instruction:

“Now, in your jury room…