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PEOPLE v. KIMBROUGH

134 A.D.2d 618 (1987)

The People of the State of New York, Respondent, v. Curtis Kimbrough, Appellant

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

November 30, 1987

Ordered that the judgment is affirmed.

The language used by the trial court in its charge to the jury concerning the defendant's decision not to testify was erroneous in that it drew the jury's attention to the defendant's silence and improperly allowed the jury to draw the inference that such silence was a trial tactic (see, People v Concepcion, 128 A.D.2d 887; see also, People v McLucas,

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