A man sentenced to 10 years in prison for illegal gun possession is entitled to a new trial because he was allowed to testify only after he protested in front of the jury that he had not been permitted to take the stand, a divided panel of the Appellate Division, First Department, ruled yesterday.
Under the circumstances, Justice Eugene Nardelli wrote for a 3-1 majority, even though the constitutional error of initially denying the defendant, Rashawn Mason, an opportunity to testify had been belatedly cured after summations were completed, the damage to his case was lasting.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]