Judgment unanimously affirmed.
In the absence of a request by defendant, the trial court may not instruct the jury that no unfavorable inference may be drawn from defendant's decision not to testify (CPL 300.10 [2]). Defendant did not request the charge and it was thus error for the court to so instruct the jury. Given the overwhelming evidence of defendant's guilt, however, "there is no reasonable possibility...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
