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PEOPLE v. BRITT

43 N.Y.2d 111 (1977)

The People of the State of New York, Respondent, v. MacArthur Britt, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1977.

Attorney(s) appearing for the Case

Susan A. Powers and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Donald H. Levin of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

JASEN, J.

In affirming the convictions of the defendant for robbery, the Appellate Division held that although the Trial Judge erred in failing to charge in accordance with CPL 300.10 (subd 2) that no inferences unfavorable to the defendant may be drawn from his failure to testify, the error was harmless "in view of the clear and convincing proof of defendant's guilt...

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