Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.
We agree with the defendant that, under the circumstances of this case, the trial court committed reversible error in its delivery to the jury of an instruction with regard to the defendant's failure to testify. Although there was no objection to the instruction, none was required to preserve the error for appellate review (see...
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