People v. Lara

Judgment of the Supreme Court, Bronx County (George Donald Covington, J.), rendered August 24, 1987, convicting defendant, after trial by jury, of attempted sexual abuse in the first degree and sentencing him as a second felony offender to a term of 2 to 4 years’ imprisonment, is unanimously affirmed.

The trial court instructed the jury that defendant’s election not to testify should not be used against him. Defendant contends that the court overemphasized this point, that the contents of the charge as given conveyed the impression that defendant’s failure to testify was a tactical decision…