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  5. 66 N.Y.2d 989 (1985)
 

PEOPLE v. KOBERSTEIN

66 N.Y.2d 989 (1985)

The People of the State of New York, Respondent, v. John W. Koberstein, Sr., Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1985.

Attorney(s) appearing for the Case

Frank J. Nebush, Jr., Public Defender (Esther Cohen Lee of counsel), for appellant.

Barry M. Donalty, District Attorney (Timothy P. Fitzgerald of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed (103 A.D.2d 1021).

CPL 300.10 (2) provides that upon a request of a defendant who does not testify in his own behalf, "but not otherwise", the court must instruct the jury that no unfavorable inference may be drawn against the defendant because of his failure to testify. This rule prohibiting a "no inference" charge...

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