People v. Hayes

Judgment unanimously reversed on the law and new trial granted. Memorandum: It was error for the trial court, in the absence of a request by defendant, to charge the jury that no unfavorable inference should be drawn from the defendant’s failure to testify (see, CPL 300.10; People v Koberstein, 66 NY2d 989, 990; People v Vereen, 45 NY2d 856, 857). Furthermore, since the proof of defendant’s guilt was not overwhelming, harmless error analysis is not applicable (see, People v Travis, 134 AD2d 868). The trial court also erred in admitting, over defense counsel’s objection, testimony from a…