PEOPLE v. ALEXANDER


168 A.D.2d 297 (1990)

The People of the State of New York, Respondent, v. Andre Alexander, Appellant

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

December 11, 1990


Defendant's challenge to the court's expanded no-adverse-inference charge is unpreserved for review as a matter of law (CPL 470.05 [2]; People v Autry, 75 N.Y.2d 836). We find no reason to review in the interest of justice (see, People v Autry, supra). In any event, the challenged charge did not impermissibly comment on any failure of a defendant to offer sworn testimony (compare, People v McLucas<...

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