People v. Rupert

—Judgment unanimously affirmed. Memorandum: Defendant asserts that the trial court erred in failing to conduct an inquiry to determine whether he was aware of his right to testify and chose to *1073waive that right. Because there is no evidence in the record that the trial court or defendant’s attorney deprived defendant of his right to testify (see, People v Doe, 186 AD2d 1036), the trial court was not required to inquire into defendant’s failure to testify (see, People v Russell, 192 AD2d 1102 [decided herewith]).

We also find no merit to defendant’s contention that his showup identification by…