PEOPLE v. FRANQUIZ


244 A.D.2d 569 (1997)

665 N.Y.S.2d 938

The People of the State of New York, Respondent, v. Antolin Franquiz, Appellant

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

November 24, 1997


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court's instruction on his failure to testify did not constitute reversible error (see, CPL 300.10 [2]). The charge was neutral in tone, consistent in substance with the intent of the statute, not so lengthy as to prejudicially draw the jury's attention to the issue, and did not imply that the failure to testify was merely a trial maneuver rather than a constitutional right ...

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