People v. McLucas

Chief Judge Desmond.

Defendant appeals from a unanimous no-opinion affirmance of a judgment sentencing him on a conviction of burglary third degree.

' We reverse because we accept defendant’s argument that his privilege against self incrimination was violated by the trial court’s remarks concerning his failure to take the witness stand. A police officer testified that about five months after the alleged crime he arrested defendant in a subway station in Brooklyn. Without objection on direct examination the officer swore that at the time of the arrest .he asked defendant where the latter had…