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People v. Iglesia

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1983
96 A.D.2d 515 (N.Y. App. Div. 1983)

Opinion

July 5, 1983


Appeal by defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered May 12, 1981, convicting him of robbery in the second degree (two counts) and criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No questions of facts have been raised or considered. The court's refusal to instruct the jury, as requested, on the issue of the voluntariness of the defendant's statements, as required by CPL 710.70 (subd 3), necessitates a new trial (see People v Graham, 55 N.Y.2d 144 ; People v Gibson, 89 A.D.2d 859). The error may not be regarded as harmless, as the statute is mandatory in its direction and the court's refusal to so charge deprived the jury of any instructions regarding the standards by which to evaluate the defendant's claim that the statements in issue had been coerced. Thompson, J.P., O'Connor, Weinstein and Bracken, JJ., concur.


Summaries of

People v. Iglesia

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1983
96 A.D.2d 515 (N.Y. App. Div. 1983)
Case details for

People v. Iglesia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE IGLESIA, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 5, 1983

Citations

96 A.D.2d 515 (N.Y. App. Div. 1983)

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