People v. Houghton

Callahan, J. P.,

(dissenting). I respectfully dissent. In my view, the court’s comments about defendant’s opportunity to testify were patently improper and constituted reversible error even in the absence of a proper objection (see, People v McLucas, 15 NY2d 167; People v Mercado, 120 AD2d 619).

The record reveals that in precluding a defense witness from testifying about statements made by defendant, the court instructed the jury: "I’ll not allow, I mean, you are not to consider the testimony of this or any other witness as to what the defendant says. If the defendant is going to testify, he…