PEOPLE v. BROWN


161 A.D.2d 458 (1990)

The People of the State of New York, Respondent, v. John Brown, Appellant

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

May 22, 1990


Among the errors claimed by appellant is that the trial court's charge that no unfavorable inference was to be drawn from his failure to testify was "overextensive" and "implied that appellant's failure to testify was a tactical decision rather than the exercise of a constitutional right." Appellant failed to object to the charge on this ground and, therefore, the issue is not preserved for review. (People v Chin, 67 N.Y.2d 22, 33...

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