People v. Soto
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered July 14, 1986, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.
The trial court committed reversible error when it delivered an instruction to the jury with regard to the defendant’s failure to testify, which instruction not only exceeded the "plain and simple language of CPL 300.10 (2)”…
2Cases cited9 opinions
- People v. TrowbridgeNew York Court of Appeals · 1953
- People v. AhmedNew York Court of Appeals · 1985
- People v. McLucasNew York Court of Appeals · 1965
- People v. HoltNew York Court of Appeals · 1986
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1987
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. CandelarioAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1989
- People v. ManneryAppellate Division of the Supreme Court of the State of New York · 1989
- People v. PinkasAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BriggsAppellate Division of the Supreme Court of the State of New York · 1989
5 more not listed; retrieve them via the Exa API.