People v. Garcia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered April 15, 1988, convicting defendant, after a jury trial, of attempted burglary in the second degree and criminal trespass in the second degree, and sentencing him to concurrent indeterminate and definite sentences of 3 to 6 years and six months, respectively, reversed on the law, and the matter remanded for a new trial.
CPL 300.10 (2) provides that "[u]pon request of a defendant who did not testify in his own behalf, but not otherwise, the court must state that the fact that he did not testify is not a factor from…
2Cases cited15 opinions
- People v. ChippNew York Court of Appeals · 1990
- People v. AutryNew York Court of Appeals · 1990
- 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
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 1991
- People v. NunezAppellate Division of the Supreme Court of the State of New York · 1992
- People v. AllanAppellate Division of the Supreme Court of the State of New York · 1993
- People v. PegeiseAppellate Division of the Supreme Court of the State of New York · 1993
- People v. StinsonAppellate Division of the Supreme Court of the State of New York · 1992
5 more not listed; retrieve them via the Exa API.