Defendant appeals from a judgment of conviction of driving while intoxicated, as a felony (Vehicle and Traffic Law, § 1192). The defendant did not testify and the court charged in part: "`Neither can you draw inference of guilt from the defendant's failure to take the witness stand. He may testify in his own behalf, but he has no obligation to so do. You must not draw any inference of guilt from his failure to do so, but he has the opportunity...
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