People v. Delesline, 68 A.D.2d 815 (N.Y. App. Div. 1979). · Go Syfert
People v. Delesline, 68 A.D.2d 815 (N.Y. App. Div. 1979). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Frank Campanale v. David R. Harris, Superintendent, Green Haven Correctional Facility (ca2, 1983-12-09)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Frank Campanale v. David R. Harris, Superintendent, Green Haven Correctional Facility
2d Cir. · 1983 · confidence medium
See People v. Arce, 42 N.Y.2d 179, 187-88 , 366 N.E.2d 279, 283-84 , 397 N.Y.S.2d 619, 624 (1977); People v. Clark, 74 A.D.2d 581, 581 , 424 N.Y.S.2d 303 ,- 303 (1980); People v. Delesline, 68 A.D.2d 815, 815 , 414 N.Y.S.2d 138, 139 (1979); People v. Riley, 65 A.D.2d 608, 608 , 409 N.Y.S.2d 432, 433 (1978); People v. Quiles, 59 A.D.2d 950, 951 , 399 N.Y.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Walter Delesline
Appellate Division of the Supreme Court of the State of New York.
Mar 8, 1979.
68 A.D.2d 815
Cited by 1 opinion  |  Published

Judgment, Supreme Court, Bronx County, rendered November 26, 1975, convicting defendant of the crime of possession of a weapon as a felony is unanimously reversed, on the law, and the case is remanded for a new trial. The charge, as established after a reconstruction hearing, included the improper reference to the jurors’ " 'hearts and conscience’ ” in assessing defendant’s guilt. (People v Johnson, 46 AD2d 123, 127, revd on other grounds 39 NY2d 364; People v Bell, 45 AD2d 362.) But more important, it was error of constitutional dimension to permit cross-examination of defendant exposing his failure to express, on various postarrest occasions, his defense that he had been framed or "flaked”. (Doyle v Ohio, 426 US 610.) The error cannot be considered, in the circumstances of this case, harmless beyond a reasonable doubt as required by Chapman v California (386 US 18). Concur—Murphy, P. J., Kupferman, Birns, Evans and Lupiano, JJ.