CPL 300.10 (2) provides that "[u]pon request of a defendant who did not testify in his own behalf, but not otherwise, the court must state that the fact that he did not testify is not a factor from which any inference unfavorable to the defendant may be drawn." 1 CJI(NY) 7.05 suggests a simple charge, which, in fact, traces the statutory language: "The defendant did not testify in this case. I charge you that the fact that he did not testify is not a factor from which any...
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