(Download) "People State New York v. Herbert Von Werne" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Herbert Von Werne
- Author : Court of Appeals of New York
- Release Date : January 07, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
[41 N.Y.2d 584 Page 585] Appellant Herbert Von Werne was convicted, after a jury trial, on two counts each of criminal possession of stolen property in the second degree, illegal possession of a vehicle identification number plate and the unauthorized use of a vehicle. The Appellate Division, with one Justice dissenting, affirmed the judgment of conviction, without opinion. (50 A.D.2d 909.) We conclude that the order of the Appellate Division should be reversed and a new trial ordered. The trial court erred by permitting a police officer to testify that the defendant had exercised his constitutional right to remain silent in the face of police interrogation. Further, the court improperly instructed the jury on the use of circumstantial evidence to prove intent.