Judgment unanimously affirmed.
Memorandum:
CPL 300.10 (subd 2) provides in relevant part: "Upon request of a defendant who did not testify in his own behalf, but not otherwise, the court must state that the fact that he did not testify is not a factor from which any inference unfavorable to the defendant may be drawn." It is the well-settled rule that the court should add nothing "to the plain and simple language of the statute on this subject" (People...
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