New York Court of Appeals
The People of the State of New York v. Edward Vereen
October 19, 197845 N.Y.2d 856
Summary
The New York Court of Appeals affirmed the Appellate Division order, holding that a trial judge may, in its discretion, give a "no inference" instruction without a defendant's request and that any such error is harmless where the evidence of guilt is overwhelming. The Court rejected the defendant's arguments regarding the unsolicited instruction and the denial of a motion to reopen the Wade hearing. Justice Fuchsberg dissented, arguing the instruction should not be given without request and that the error is not harmless, and would reverse the judgment.