The trial court inadvertently omitted to instruct the jury, as requested by defendant's counsel, to draw no inference from the failure of the defendant to testify. As appropriately conceded by the District Attorney on this appeal, the omission, although clearly an oversight, requires reversal of the conviction and a new trial. (See People v Britt,
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PEOPLE v. JONES
67 A.D.2d 635 (1979)
The People of the State of New York, Respondent, v. Mark Jones, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 11, 1979
January 11, 1979
Appellate Division of the Supreme Court of the State of New York, First Department.
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