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PEOPLE v. McCARGO

67 A.D.2d 955 (1979)

The People of the State of New York, Respondent, v. John H. McCargo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 13, 1979

Judgment affirmed.

Prior to the selection of the second alternate juror the court stated that defense counsel had requested that it charge that no unfavorable inference could be drawn against the defendant if he failed to take the witness stand on his own behalf. Although no objection or exception was taken to the statement it was improper for the court to tell the jury that such a request had been made by the defendant. (See People v McLucas,

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