PEOPLE v. BAILEY


222 A.D.2d 686 (1995)

636 N.Y.S.2d 86

The People of the State of New York, Respondent, v. Fruitquan Bailey, Appellant

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

December 29, 1995


Ordered that the judgment is affirmed.

Although the court's instruction to the jury that no adverse inference may be drawn from the defendant's failure to testify on his own behalf included more than the statutory language (see, CPL 300.10 [2]), the instruction was neutral in tone, consistent in substance with the intent of CPL 300.10 (2), not so extensive as to prejudicially draw the jury's attention to the defendant's failure to testify, and did not imply...

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