Legal Opinion

People v. Bradshaw

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

Decided October 30, 1989PublishedCited by 6 opinions

1Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pesce, J.), rendered April 15, 1987, convicting him of robbery in the second degree, grand larceny in the third degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The court improperly instructed the jury that no adverse inference should be drawn from the defendant’s failure to testify in the absence of a request by the defendant for such a charge (see, People v Koberstein, 66 NY2d 989; CPL 300.10 [2]). Nevertheless,…

2Cases cited5 opinions

  1. People v. KobersteinNew York Court of Appeals · 1985
  2. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. OgleAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. CarltonAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. MalcolmAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by6 opinions

  1. People v. CreechAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. ClearwaterAppellate Division of the Supreme Court of the State of New York · 2000
  3. People v. AguirreAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. GibbsAppellate Division of the Supreme Court of the State of New York · 1989

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