People v. Cora

Judgment, Supreme Court, Bronx County, entered March 12, 1974, convicting the defendant after a jury trial, of manslaughter in the first degree and possession of a weapon as a misdemeanor, reversed, on the law, in the exercise of discretion and in the interest of justice and a new trial directed. It is axiomatic that no allusion may be made to the fact that the defendant has failed to avail himself of his right to testify in his own behalf. *740(GPL 60.15, subd. 2.) In this matter, there was a colloquy, provoked by defense counsel, in the jury’s presencé, over an alleged offer by the defendant to…