From Casetext: Smarter Legal Research

People v. Boyd

Court of Appeals of the State of New York
May 12, 1981
423 N.E.2d 54 (N.Y. 1981)

Opinion

Argued April 3, 1981

Decided May 12, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN S. LOCKMAN, J.

Michael J. Obus and Matthew Muraskin for appellant.

Denis Dillon, District Attorney (Robert M. Nigro and William C. Donnino of counsel), for respondent.


MEMORANDUM.

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).

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.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed in a memorandum.


Summaries of

People v. Boyd

Court of Appeals of the State of New York
May 12, 1981
423 N.E.2d 54 (N.Y. 1981)
Case details for

People v. Boyd

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES L. BOYD…

Court:Court of Appeals of the State of New York

Date published: May 12, 1981

Citations

423 N.E.2d 54 (N.Y. 1981)
423 N.E.2d 54
440 N.Y.S.2d 631

Citing Cases

People v. Cangiano

The only way this issue can be addressed by the court is through disclosure to the prospective jurors of the…

People v. Travis

The Court of Appeals has said that the statute does not establish an absolute prohibition against the court…