People v. Jones

Appellate Division of the Supreme Court of New York

People v. Jones

67 A.D.2d 635, 411 N.Y.S.2d 1009, 1979 N.Y. App. Div. LEXIS 10174

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

DecidedJanuary 11, 1979

StatusPublished

Cited by2 cases

This text of 67 A.D.2d 635 (People v. Jones) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Jones, 67 A.D.2d 635, 411 N.Y.S.2d 1009, 1979 N.Y. App. Div. LEXIS 10174 (N.Y. Ct. App. 1979).

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Opinion

— Judgment, Supreme Court, Bronx County, rendered March 24, 1977, convicting defendant following a jury trial of robbery in the first and second degrees and sentencing him to concurrent terms with a maximum of 10 years, unanimously reversed, on the law, and the case remanded for a new trial. The trial court inadvertently omitted to instruct the jury, as requested by defendant’s counsel, to draw no inference from the failure of the defendant to testify. As appropriately conceded by the District Attorney on this appeal, the omission, although clearly an oversight, requires reversal of the conviction and a new trial. (See People v Britt, 43 NY2d 111.) Concur —Kupferman, J. P., Birns, Lane and Sandler, JJ.

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— Judgment, Supreme Court, Bronx County, rendered March 24, 1977, convicting defendant following a jury trial of robbery in the first and second degrees and sentencing him to concurrent terms with a maximum of 10 years, unanimously reversed, on the law, and the case remanded for a new trial. The trial court inadvertently omitted to instruct the jury, as requested by defendant’s counsel, to draw no inference from the failure of the defendant to testify. As appropriately conceded by the District Attorney on this appeal, the omission, although clearly an oversight, requires reversal of the conviction and a new trial. (See People v Britt, 43 NY2d 111.) Concur —Kupferman, J. P., Birns, Lane and Sandler, JJ.

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Bluebook (online)

67 A.D.2d 635, 411 N.Y.S.2d 1009, 1979 N.Y. App. Div. LEXIS 10174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jones-nyappdiv-1979.

Opinion

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