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PEOPLE v. CINTRON

89 A.D.2d 590 (1982)

The People of the State of New York, Respondent, v. Roberto Cintron, Appellant

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

July 12, 1982

Judgment reversed, on the law, and new trial ordered. No issue has been presented with respect to the facts on which the judgment is based.

The failure to grant defendant's request to charge, pursuant to CPL 300.10 (subd 2), that no unfavorable inference may be drawn from his failure to testify, is reversible error (see People v Britt, 43 N.Y.2d 111; Carter v Kentucky,

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