STATE v. DIFANO

No. 28472.

952 A.2d 848 (2008)

109 Conn.App. 679

STATE of Connecticut v. Michael DiFANO.

Appellate Court of Connecticut.

Decided August 12, 2008.


Attorney(s) appearing for the Case

Conrad Ost Seifert, Old Lyme, with whom was Peter W. Rotella, New London, for the appellant (defendant).

Bruce R. Lockwood, assistant state's attorney, with whom, on the brief, were Michael L. Regan, state's attorney, Geoffrey E. Marion, former senior assistant state's attorney, and Jennifer L. Springer, certified legal intern, for the appellee (state).

GRUENDEL, ROBINSON and BORDEN, Js.


BORDEN, J.

The defendant, Michael DiFano, appeals from the judgment of conviction, rendered after a jury trial, of operating a motor vehicle while under the influence of intoxicating liquor or drugs in violation of General Statutes § 14-227a(a)(1). On appeal, the defendant claims that the trial court improperly failed to instruct the jurors that they were to draw no unfavorable inferences from his decision not to testify pursuant to General Statutes § 54...

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