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PEOPLE v. DAVIDSON

150 A.D.2d 717 (1989)

The People of the State of New York, Respondent, v. Nathaniel Davidson, Appellant

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

May 22, 1989

Ordered that the judgments are affirmed.

We find that the trial court's instructions to the jury regarding the defendant's failure to testify did not deprive him of a fair trial (see, People v Malcolm, 143 A.D.2d 1044). Although the court erred in delivering a charge which "exceeded the plain and simple language of CPL 300.10 (2)" (see, People v Morris, 129 A.D.2d 591

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