Legal Opinion

People v. Abreu

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1980PublishedCited by 16 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered March 15, 1978, convicting him of arson in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. We find that the defendant was denied a fair trial because of several errors and omissions in the court’s charge to the jury. Particularly prejudicial were the court’s instructions concerning the defendant’s decision not to testify. By having told the jury that the law gives the defendant the right…

2Cases cited3 opinions

  1. People v. BenzingerNew York Court of Appeals · 1974
  2. People v. StrawderAppellate Division of the Supreme Court of the State of New York · 1976
  3. People v. McCargoAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by16 opinions

  1. People v. KnowellAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. ConcepcionAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. HurkAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. GaleAppellate Division of the Supreme Court of the State of New York · 1988

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