People v. Boyd
| Decision Date | 12 May 1981 |
| Citation | 423 N.E.2d 54,440 N.Y.S.2d 631,53 N.Y.2d 912 |
| Parties | , 423 N.E.2d 54 The PEOPLE of the State of New York, Respondent, v. James L. BOYD, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Michael J. Obus and Matthew Muraskin, Mineola, for appellant.
The order of the Appellate Division should be affirmed for the reasons stated in the memorandum at the Appellate Division (74 A.D.2d 647, 425 N.Y.S.2d 134).
To make clear our concurrence as to procedure to be followed in future cases, we reiterate the Appellate Division's suggestions that names of prospective witnesses should be obtained from the attorneys outside the presence of the jury and presented to prospective jurors during voir dire without attribution to either party, and that absent a request by defendant the Trial Judge may make no comment concerning defendant's right not to testify.
Order affirmed in a memorandum.
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9 cases
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McKNIGHT v. SUPERINTENDENT
...absent defendant's request applies to instructions given during voir dire. See People v. Koberstein, 66 N.Y.2d 989 (1985); People v Boyd 53 N.Y.2d 912 (1981). CPL § 270.40 provides: After the jury has been sworn and before the People's opening address, the court must instruct the jury gener......
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People v. Travis
...a 'no inference' charge absent the defendant's request applies to instructions given during the voir dire (see, People v. Boyd, 53 N.Y.2d 912 [440 N.Y.S.2d 631, 423 N.E.2d 54], affg. 74 A.D.2d 647 )." (Emphasis Here, defense counsel told the court that he was not requesting a no inference c......
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People v. Morris
...only if requested by defendant (see, CPL 300.10[2]; see also, People v. Boyd, 74 A.D.2d 647, 425 N.Y.S.2d 134, aff'd 53 N.Y.2d 912, 440 N.Y.S.2d 631, 423 N.E.2d 54). We find any error attributed to the preliminary charge to be harmless (see, People v. Koberstein, 66 N.Y.2d 989, 499 N.Y.S.2d......
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People v. Padilla
...a request by defendant, the Trial Judge may make no comment concerning defendant's right not to testify" (People v. Boyd, 53 N.Y.2d 912, 914, 440 N.Y.S.2d 631, 423 N.E.2d 54). The defense counsel did not specifically request instructions to the jury regarding the defendant's failure to test......
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