PEOPLE v. JENKINS


186 A.D.2d 583 (1992)

The People of the State of New York, Respondent, v. Sherman Jenkins, Appellant

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

October 5, 1992


Ordered that the judgment is affirmed.

The defendant contends that during jury selection the court improperly elaborated on the subject of the defendant's right not to testify. CPL 300.10 (2) states, in relevant part, 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". In the absence...

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