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PEOPLE v. MORRIS

129 A.D.2d 591 (1987)

The People of the State of New York, Respondent, v. Albert Morris, Appellant

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

April 6, 1987

Ordered that the judgment is affirmed.

The trial court erred when it delivered an unrequested instruction on the defendant's failure to testify, which instruction also exceeded the plain and simple language of CPL 300.10 (2) (see, People v McLucas, 15 N.Y.2d 167). Although no objection was made, none was required to preserve the error for review (see, People v Ahmed, 66 N.Y.2d 307

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