People v. Britt

OPINION OF THE COURT

Jasen, J.

In affirming the convictions of the defendant for robbery, *113the Appellate Division held that although the Trial Judge erred in failing to charge in accordance with CPL 300.10 (subd 2) that no inferences unfavorable to the defendant may be drawn from his failure to testify, the error was harmless "in view of the clear and convincing proof of defendant’s guilt.”

Charged with robbing the same individual on four different occasions, the defendant chose not to testify at his trial. Defense counsel, however, requested the Trial Judge to instruct the jury as follows: "The…