People v. Rodriguez

Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s contention that the court’s instructions were so disjointed or convoluted that the jury was not apprised of the essential elements of each of the ofienses charged. The court’s instruction adequately informed the jury of the governing legal principles, thereby enabling it to reach a verdict (see, People v Canty, 60 NY2d 830).

The trial court did err in instructing the jury, without a request by defendant, that no unfavorable inference should be drawn from defendant’s failure to testify (see, People v Koberstein, 66 NY2d…