People v. Gibson

Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered February 6, 1980, convicting him of criminal possession of a controlled substance in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The court’s refusal to instruct the jury, as requested, on the issue of the voluntariness of the defendant’s statements, as required by CPL 710.70 (subd 3), necessitates a new trial (see People v Graham, 55 NY2d 144). Contrary to the People’s position, the error may not be regarded as harmless (cf.…