Botwinick v. State

Defendant, Ben Botwinick, appeals his conviction for involuntary sexual battery, attempted murder, aggravated battery, burglary and petit larceny.

Botwinick first urges as reversible error the denial of his motion for mistrial on the ground that the prosecutor improperly commented upon his failure to testify violating his right against self-incrimination.

This complained of comment was made during defense counsel’s cross-examination of the victim:

“Q. You were able to see his double chin at the time of the assault. Is that right?

“A. Yes.

“MR. ROSENBLATT: With the Court’s permission, I would like…