Legal Opinion
People v. Koberstein
New York Court of Appeals
Decided December 19, 1985PublishedCited by 37 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed (103 AD2d 1021).
CPL 300.10 (2) provides that upon a request of a defendant who does not testify in his own behalf, "but not otherwise”, the court must instruct the jury that no unfavorable inference may be drawn against the defendant because of his failure to testify. This rule prohibiting a "no inference” charge absent the defendant’s request applies to instructions given during the voir dire (see, People v Boyd, 53 NY2d 912, affg 74 AD2d 647). Thus, defense counsel’s questioning of prospective jurors…
2Cases cited5 opinions
- People v. McLucasNew York Court of Appeals · 1965
- People v. VereenNew York Court of Appeals · 1978
- People v. BrittNew York Court of Appeals · 1977
- People v. BoydNew York Court of Appeals · 1981
- People v. BoydAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by37 opinions
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2003
- People v. EmeryAppellate Division of the Supreme Court of the State of New York · 1990
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1990
- People v. MendezAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BakerAppellate Division of the Supreme Court of the State of New York · 1989
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