PEOPLE v. GONZALEZ


135 A.D.2d 829 (1987)

The People of the State of New York, Respondent, v. Samuel Cortez Gonzalez, Appellant

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

December 28, 1987


Ordered that the judgment is affirmed.

The court's instruction to the jury that it was not to draw any unfavorable inferences from the defendant's failure to testify was proper, as it was nearly identical to the language in CPL 300.10 (2). Further, this court has held that to give a more extensive explanation could be prejudicial to the defendant (see, People v Abreu, 74 A.D.2d 876).

Since the defendant failed...

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