We are satisfied that defendant's guilt was established beyond a reasonable doubt and that the charge given by the court did not deny defendant a fair trial. However, we write only to make two observations concerning the court's instructions to the jury: (1) It was unnecessary for the trial court to embellish in three pages the wording contained in the CPL (300.10, subd 2) relating to a defendant's failure to testify, i.e., "the fact that he did not testify is not a factor...
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