The trial court instructed the jury that defendant's election not to testify should not be used against him. Defendant contends that the court overemphasized this point, that the contents of the charge as given conveyed the impression that defendant's failure to testify was a tactical decision rather than the exercise of a constitutional right. Defendant failed to object to the charge on this ground and, hence, this issue has not been preserved for appeal (see,
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PEOPLE v. LARA
148 A.D.2d 340 (1989)
The People of the State of New York, Respondent, v. Domingo Lara, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 14, 1989
March 14, 1989
Appellate Division of the Supreme Court of the State of New York, First Department.
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