Ordered that the judgment is affirmed.
The defendant did not testify at trial, and at its conclusion he requested that the jury be instructed pursuant to CPL 300.10 (2) that it could not draw any unfavorable inference from his decision not to testify. In honoring that request, the trial court instructed the jury that: "[u]nder our law a defendant may, if he desires, testify in his own behalf and it is his right to refrain from testifying on the witness stand. I, therefore...
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