PEOPLE v. BYRD


173 A.D.2d 549 (1991)

The People of the State of New York, Respondent, v. Robert Byrd, Appellant

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

May 13, 1991


Ordered that the judgment is affirmed.

We agree with the defendant that the trial court improperly instructed the jury that no unfavorable inference should be drawn from the defendant's failure to testify when no such charge was requested by the defendant. However, under the circumstances of this case, we find that error to be harmless (see, People v Vereen, 45 N.Y.2d 856).

The defendant's contention that the...

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